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U.S. v. KELLER

No. 96-2136.

142 F.3d 718 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Gloria J. KELLER; Gladys I. Poffinberger; Edgar Poffinberger; Charlotte Keller, Defendants-Appellants, and 41.98 Acres of Land, More or less, Situated in Frederick County, Maryland; Unknown Owners, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided April 27, 1998.

Attorney(s) appearing for the Case

ARGUED: R. Edwin Brown, Brown & Sturm, Rockville, MD, for Appellants. M. Alice Thurston, Environment and Natural Resources Division, United States Department of Justice, Washington, DC, for Appellee. ON BRIEF: Laurie R. Hanig, Brown & Sturm, Rockville, MD, for Appellants. Lois J. Schiffer, Assistant Attorney General, Joy Ryan, Aimee Jiminez, John A. Bryson, Environment and Natural Resources Division, United States Department of Justice, Washington, DC, for Appellee.

Before LUTTIG, Circuit Judge, CAMPBELL, Senior Circuit Judge of the United States Court of Appeals for the First Circuit, sitting by designation, and TRAXLER, United States District Judge for the District of South Carolina, sitting by designation.

Affirmed by published opinion. Judge LUTTIG wrote the majority opinion, in which Senior Judge CAMPBELL joined. Judge TRAXLER wrote a dissenting opinion.

OPINION

LUTTIG, Circuit Judge:

This appeal arises from a condemnation proceeding initiated by the United States to obtain title to property owned by the defendants-appellants ("landowners"). Because the landowners believe the district court erred in denying their untimely demand for a jury trial...

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