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NEWFOUND MANAGEMENT CORP. v. LEWIS

No. 96-7702.

131 F.3d 108 (1997)

NEWFOUND MANAGEMENT CORPORATION, General Partner of Newfound Limited Partnership, v. Cedrick LEWIS, individually and in his capacity as Administrator of the Estate of Bernard Williams; Irvin A. Sewer; Lucinda Anthony; Earle Sewer; Violet Sewer; Jasmine Sewer; Lorel Sewer; Judith Callwood; Leon Callwood; Lorne Callwood; Persons Unknown who have Attempted to Obstruct Construction Work on Plaintiff's Land.

United States Court of Appeals, Third Circuit.

Decided November 12, 1997.

Attorney(s) appearing for the Case

Aurelia D. Rashid (argued), St. Thomas, U.S. Virgin Islands, for Cedrick Lewis.

Clair A. Carlson, Jr. (argued), Alan Garber, Paul D. Boynton, Mason & Martin, Boston, MA, for Newfound Management Corporation.

Before: BECKER, ROTH and WEIS, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

In these consolidated cases of quiet title and trespass, a crucial issue is the location of certain boundary lines. Under the unique circumstances presented here, we conclude that the district court properly established the property lines in a bench trial before submission of the other issues to a jury. We also determine that the court did not err in its evaluation of the evidence and application of survey law. Accordingly...

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