U.S. v. 79.31 ACRES OF LAND, ETC.

No. 83-1006.

717 F.2d 646 (1983)

UNITED STATES of America, Plaintiff, Appellee, v. 79.31 ACRES OF LAND, More or Less, SITUATED IN THE TOWNS OF TRURO, WELLFLEET AND EASTHAM, County of Barnstable, Commonwealth of Massachusetts, et al., Defendants, Appellees. Ernest E. Tesson, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided September 15, 1983.


Attorney(s) appearing for the Case

John D. Hallisey, Orleans, Mass., for Ernest E. Tesson and Katherine L. Tesson.

William A. White, Jr., Boston, Mass., with whom Cornelius J. Moynihan, Jr., and Peabody & Brown, Boston, Mass., were on brief, for defendant, appellee Howard K. Snow.

Harry Sarkis Terkanian, Wellfleet, Mass., for defendants, appellees Julia B. Moore and Polly A. Thomas.

Before CAMPBELL, Chief Judge, BOWNES, Circuit Judge, and TORRUELLA, District Judge.


LEVIN H. CAMPBELL, Chief Judge.

This is an appeal from a final judgment in a condemnation action filed by the United States of America on January 8, 1974. The land in question ("locus") is Cape Cod National Seashore Tract 25W-5881, a 4.1 acre parcel of wooded upland on Myrick's Island. Three parties originally claimed ownership of the parcel: Ernest E. and Katherine L. Tesson ("Tessons"); Howard K. Snow ("Snow"); and Julia B. Moore and Polly A. Thomas ("Moore et al...

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