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UNITED STATES v. 1010.8 ACRES IN SUSSEX COUNTY

No. 2.

62 F.Supp. 277 (1945)

UNITED STATES v. 1010.8 ACRES IN SUSSEX COUNTY, DEL., et al.

District Court, D. Delaware.

September 5, 1945.

Attorney(s) appearing for the Case

John J. Morris, Jr., U. S. Atty., and W. Thomas Knowles, Asst. U. S. Atty., both of Wilmington, Del., and Charles M. Irelan, Atty., Department of Justice, of Washington, D. C., for petitioner.

James M. Tunnell, Jr., and James B. Carey, both of Georgetown, Del., for Sussex Sand Co., Martin C. Black, and Harry Draper.

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

LEAHY, District Judge.

The United States of America took title to a plot of land by filing a declaration of taking pursuant to 40 U.S.C.A. § 258. It has heretofore been determined that the State of Delaware was the owner in fee, subject to various leasehold interests. See United States v. 1010.8 Acres, etc. 56 F.Supp. 120.

The government filed a motion to dismiss Black and Draper, Sussex Sand Company and Cape Henlopen...

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