BEGGERLY v. U.S.

No. 95-60625.

114 F.3d 484 (1997)

Chris W. BEGGERLY; James R. Beggerly; Clark M. Beggerly; Velma B. Garner; Suzanne Reed; David Reed, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

As Corrected on Rehearing July 28, 1997.


Attorney(s) appearing for the Case

Ernest G. Taylor, Jr., Robert Minard Arentson, Jr., Marielle Christine Crockett, Watkins, Ludlam & Stennis, Jackson, MS, for Plaintiffs-Appellants.

William Brandt Lazarus, Martin W. Matzen, Washington, DC, Donald Monroe Waits, Assistant U.S. Attorney, Biloxi, MS, for Defendant-Appellee.

Henry D. Granberry, III, Atlanta, GA, for Southeastern Legal Foundation, Amicus Curiae.

John Joseph Rademacher, Jerome J. Werderitch, Michael John Stientjes, Park Ridge, IL, for American Farm Bureau Federation and Mississsippi Farm Bureau Federation, Amici Curiae.

Before POLITZ, Chief Judge, and EMILIO M. GARZA and STEWART, Circuit Judges.


POLITZ, Chief Judge:

The Beggerlys appeal the district court's order granting the motion to dismiss by the United States and denying the Beggerlys' cross-motion for summary judgment in which they sought to vacate a consent judgment under which the United States acquired title to property previously held by the Beggerlys. Concluding that the Beggerlys are entitled to the relief sought, we reverse and remand.

BACKGROUND

On April 3, 1950 Clark M. Beggerly...

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