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U.S. v. CERTAIN LAND IN COUNTY OF BARNSTABLE

No. 88-2029.

889 F.2d 352 (1989)

UNITED STATES of America, Plaintiff, Appellee, v. CERTAIN LAND LOCATED IN the COUNTY OF BARNSTABLE, etc., et al., Defendants, Appellees. Appeal of Grace E. BESSAY, Defendant.

United States Court of Appeals, First Circuit.

Decided November 17, 1989.

Attorney(s) appearing for the Case

Jeffrey B. Axelrod, with whom Cynthia L. Amara, Gregor I. McGregor, McGregor, Shea & Doliner, P.C., William P. Homans, Jr., and Homans, Hamilton, Dahmen & Marshall, Boston, Mass., were on brief, for appellant.

David C. Shilton, Appellate Staff, Land & Natural Resources Div., Washington, D.C., with whom Donald A. Carr, Acting Asst. Atty. Gen., Jeremiah T. O'Sullivan, U.S. Atty., Nicholas C. Theodorou, Asst. U.S. Atty., Boston, Mass., Jacques B. Gelin, Maria A. Iizuka, Dept. of Justice, Washington, D.C., and Robin Lepore, Office of Sol., Dept. of Interior, Boston, Mass., were on brief, for U.S.

Before BOWNES and TORRUELLA, Circuit Judges, and RE, Judge.

RE, Judge:

Defendant-appellant, Grace E. Bessay, appeals from a judgment of the United States District Court of the District of Massachusetts which held that her "cottage" was not "improved property," and, therefore, was not exempt from condemnation under the Cape Cod National Seashore Act, 16 U.S.C. § 459b et seq. (1982) (the Act). The district court concluded that, "[f]irst, the cottage does not qualify as a one-family...

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