MEMORANDUM OPINION
WARD, District Judge.
This matter came on for hearing on April 5, 1973, on motion by the plaintiff for summary judgment under Rule 56, Federal Rules of Civil Procedure. Jurisdiction of the Court is based on eminent domain, 28 U.S.C. § 1358. Both parties were present at the evidentiary hearing and were represented by counsel. The parties have filed affidavits, exhibits, and briefs in support of their respective positions, and the Court...
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