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U.S. v. 717.42 ACRES OF LAND

No. 90-1736.

955 F.2d 376 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. 717.42 ACRES OF LAND, etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 12, 1992.

Attorney(s) appearing for the Case

Janet K. Jones, Gary R. Allen, Gary D. Gray, Chief Appellate Sec., Tax Div., Dept. of Justice, Washington, D.C., for U.S.

Owen T. Palmer, Jr., Gulfport, Miss., Ky P. Ewing, Christopher Corson, Washington, D.C., for Petit Bois, Inc., Vinson & Elkins & Owen T. Palmer, Jr.

James L. Martin, Martin, Young & Wright, Jackson, Miss., for Martin.

John A. Barley, Tallahassee, Fla., for Coastal Land & Mineral Co., Ltd.

Before POLITZ, Chief Judge, HIGGINBOTHAM, Circuit Judge, and PRADO, District Judge.

POLITZ, Chief Judge:

The United States appeals a judgment in the distribution phase of an eminent domain case. Finding no error, we affirm.

Background

In June 1926 Petit Bois, Inc. (PBI), a Louisiana corporation, acquired certain acreage on Petit Bois Island, a barrier island off the Mississippi coast. In May 1954 PBI transferred to its shareholders as a dividend an undivided three-fourths interest in the mineral estate. Congress designated...

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