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UNITED STATES v. 758.72 ACRES OF LAND, ETC.

No. 428.

172 F.Supp. 108 (1959)

UNITED STATES of America, Plaintiff, v. 758.72 ACRES OF LAND, MORE OR LESS, IN BOONE AND CARROLL COUNTIES, ARKANSAS, and Tuck Stacy, et al., and Unknown Owners, Defendants.

United States District Court W. D. Arkansas, Harrison Division.

April 17, 1959.

Attorney(s) appearing for the Case

Chas. W. Atkinson, U. S. Atty., Robert E. Johnson, Asst. U. S. Atty., Ft. Smith, Ark., for plaintiff.

Ted P. Coxsey, Berryville, Ark., for defendants.

JOHN E. MILLER, Chief Judge.

Involved herein are two motions filed by the government to set aside the verdict and for judgment notwithstanding the verdict on Tracts Nos. P-1603, P-1603E-1, P-1603E-2, P-1603E-3 and P-1603E-4.

The motion to set aside the verdict was filed on March 16, 1959, pursuant to Rule 59 of the Federal Rules of Civil Procedure, 28 U.S.C.A., in which the plaintiff alleged:

"1. Verdict is contrary to law in that the Claimant, out...

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