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UNITED STATES v. 287.89 ACRES OF LAND, ETC.

Civ. A. No. 62-395.

241 F.Supp. 456 (1965)

UNITED STATES of America, Plaintiff, v. 287.89 ACRES OF LAND, MORE OR LESS, Situate IN CLEARFIELD COUNTY, COMMONWEALTH OF PENNSYLVANIA, and Howes Leather Company, Inc., et al., Defendants.

United States District Court W. D. Pennsylvania.

January 20, 1965.

Attorney(s) appearing for the Case

Gustave Diamond, U. S. Atty., by Robert E. Tucker, Asst. U. S. Atty., Pittsburgh, Pa., for plaintiff.

Thomas Welfer, Pittsburgh, Pa., for defendant, Harbison-Walker Refractories Co.

MARSH, District Judge.

On May 29, 1962, plaintiff filed its complaint to condemn, inter alia, the following tracts of land in which the title to the underlying clay was owned in fee simple by Harbison-Walker Refractories Company (Harbison), a defendant in this non-jury trial:

"(1) The fee simple title to Tract 503 containing 11.99 acres in Greenwood Township, Clearfield County, Pennsylvania; subject to existing easements for public roads and highways, public...

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