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LOMBARD v. U.S.

No. 99-1108.

194 F.3d 305 (1999)

Edward E. LOMBARD, Asa P. Lombard, III, Edith Lombard Cassick, Ruth Lombard Gourley, Florence Lombard Brown, Barbara Lombard Banuk, Susan Lombard Black, Alton Horte, Barbara Baines, Virginia H. Hart, Carleton G. Smith, Plaintiffs, Appellants, Robert D. Lombard, Frankland W.L. Miles, Jr., John Grother Miles, Tagalie L. Lombard, Appellants, v. UNITED STATES of America, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided October 26, 1999.

Attorney(s) appearing for the Case

John D. Hallisey for appellants Edward E. Lombard, et al.

David S. Mackey, Assistant United States Attorney, with whom Donald K. Stern, United States Attorney, was on brief for the United States.

Before BOUDIN, Circuit Judge BOWNES, Senior Circuit Judge, and STAHL, Circuit Judge.

BOUDIN, Circuit Judge.

This appeal arises out of a title dispute between a family and the United States over an 8.6 acre parcel, known as the Lombard lot, containing within it a family cemetery and located in the Bound Brook Island area of Wellfleet, Cape Cod, Massachusetts. The lot was once owned by Thomas Lombard, who died in 1873, leaving it to his five children as tenants in common. Then, in 1924, two of the children conveyed their interests to one George Higgins...

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