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UNITED STATES v. 1,010.8 ACRES, ETC.

No. 2.

56 F.Supp. 120 (1944)

UNITED STATES v. 1,010.8 ACRES, MORE OR LESS, SITUATE IN SUSSEX COUNTY, DEL., et al.

District Court, D. Delaware.

June 24, 1944.

Attorney(s) appearing for the Case

William Marvel, Asst. U. S. Atty., of Wilmington, Del., for the United States.

James R. Morford, Atty. Gen., for the State of Delaware.

Herbert H. Ward, Jr., of Wilmington, Del., trustee ad litem.

Isaac D. Short, 2d, of Georgetown, Del., for Levy Court of Sussex County.

James B. Carey and James M. Tunnell, Jr., both of Georgetown, Del., for Commissioners of Lewes, Martin Black and Harry Draper, Mark T. McKee, Lewes Sand Co., and Sussex Sand Co.

David S. Keil, of Wilmington, Del., for Cape Henlopen Surf Club.

LEAHY, District Judge.

The United States condemned more than 1000 acres of land near Cape Henlopen in Sussex County, Delaware, by the Hon. Henry L. Stimson, Secretary of War, filing a declaration of taking, under the authority of 46 Stat. 1421, 40 U.S.C.A. § 258a and Acts amendatory thereof, 26 Stat. 316, 40 Stat. 241, 40 Stat. 518, 50 U.S.C.A. § 171 and the Act of Congress approved September 9, 1940, Public No. 781 — 76th Cong. 54 Stat. 872. Parties...

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