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UNITED STATES v. 133.79 ACRES OF LAND, ETC., SEBASTIAN CO., ARK.

Civ. A. No. 1725.

313 F.Supp. 697 (1970)

UNITED STATES of America, Plaintiff, v. 133.79 ACRES OF LAND, MORE OR LESS, IN SEBASTIAN COUNTY, ARKANSAS; and Fort Smith River Development Corporation, et al., and Unknown Owners, Defendants, Garrison Furniture Company, Ballman-Cummings Furniture Company, De Soto, Inc. (successor to Ward Furniture Manufacturing Company), and W. H. Lillard, Intervenors.

United States District Court, W. D. Arkansas, Fort Smith Division.

June 8, 1970.

Attorney(s) appearing for the Case

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

Harper, Young & Smith, Ft. Smith, Ark., for defendants.

Bethell, Stocks, Callaway & King, Ft. Smith, Ark., for intervenors.

OPINION

JOHN E. MILLER, Senior District Judge.

The issues to be considered and resolved can best be understood by setting forth the former proceedings in this case before stating the contentions of the parties.

On May 1, 1963, the plaintiff, United States of America, filed its complaint to condemn and acquire (a) a perpetual and assignable right and easement to construct, operate, and maintain channel improvement works on, over and across Tract No...

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