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UNITED STATES v. 1,584.11 ACRES OF LAND, ETC.

Civ. A. No. 5166.

141 F.Supp. 720 (1956)

UNITED STATES of America, Plaintiff, v. 1,584.11 ACRES OF LAND, MORE OR LESS, IN BEAUFORT COUNTY, SOUTH CAROLINA and Charles Simmons, et al., and unknown owners, Parcel No. 7, Defendants.

United States District Court E. D. South Carolina, Charleston Division.

May 29, 1956.

Attorney(s) appearing for the Case

N. Welch Morrisette, Jr., U. S. Atty., Columbia, S. C., Frank H. Cormany, Sr., Asst. U. S. Atty., Aiken, S. C., for plaintiff.

Hagood, Rivers & Young, Charleston, S. C., Dowling & Dowling, Thomas & Thomas, Beaufort, S. C., Robert McC. Figg, Jr., Charleston, S. C., Stathers & Cantrall, Clarksburg, W. Va., Julian S. Levin, Beaufort, S. C., Charles E. Washington, Jr., W. Brantley Harvey, W. Brantley Harvey, Jr., Beaufort, S. C., for defendants.

WILLIAMS, District Judge.

The defendant J. O. Youngblood has moved that the issues of just compensation relating to property condemned by the United States of America in which this defendant has an interest be tried before and determined by a commission of three persons to be appointed by the Court.

Subdivision (h) of Rule 71A of the Federal Rules of Civil Procedure, 28 U.S.C.A., provides in substance that any party to a condemnation proceeding pending in...

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