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UNITED STATES v. 50 ACRES OF LAND

No. 81-1615.

706 F.2d 1356 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. 50 ACRES OF LAND, etc., et al., Defendant, The City of Duncanville, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied September 19, 1983.

Attorney(s) appearing for the Case

Saner, Jack, Sallinger & Nichols, Peter G. Smith, H. Louis Nichols, Dallas, Tex., for defendant-appellant.

Thomas H. Pacheco, Dirk D. Snel, Raymond N. Zagone, Appellate Sect., Land & Natural Resources, Div., U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before BROWN and JOLLY, Circuit Judges, and MAHON, District Judge.

Rehearing and Rehearing En Banc Denied September 19, 1983.

JOHN R. BROWN, Circuit Judge:

Today we find ourselves lodged among melon rinds, coffee grounds, countless tin cans and sundry other unlikely neighbors amidst the City of Duncanville sanitary landfill. In this ignoble setting, we examine one of our most treasured constitutional principles — the Fifth Amendment's precept that private property shall not be taken for public purposes without just...

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