LOMBARD v. U.S.

No. 03-1430.

356 F.3d 151 (2004)

Edward E. LOMBARD; Asa P. Lombard, III; Edith Lombard Cassick; Ruth Lombard Gourley; Florence Lombard Brown; Barbara Lombard Banuk; Susan Lombard Black; Alton Horte; Carleton G. Smith; Barbara E. Baines; Virginia H. Hart, Plaintiffs, Appellants, v. UNITED STATES of America, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided January 23, 2004.


Attorney(s) appearing for the Case

John D. Hallisey, for appellants.

Anita Johnson, Assistant U.S. Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief for appellee.

Before BOUDIN, Chief Judge, TORRUELLA, Circuit Judge, and OBERDORFER, Senior District Judge.


BOUDIN, Chief Judge.

In the early 1960s, the United States acquired for a modest sum an 8.6 acre plot of land in Wellfleet, Massachusetts, as part of the creation of the Cape Cod National Seashore. Remote descendants of a man who owned the property until his death in 1873 now seek to overturn a 1964 state court judgment clearing title in favor of the United States' predecessor in interest. The federal district court held the state judgment valid and the descendants...

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