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UNITED STATES v. 187.40 ACRES OF LAND, HUNTINGDON CTY., PA.

Civ. No. 73-633.

381 F.Supp. 54 (1974)

UNITED STATES of America v. 187.40 ACRES OF LAND, MORE OR LESS, situate IN HUNTINGDON COUNTY, COMMONWEALTH OF PENNSYLVANIA, TRACTS NOS. 1843 AND 1844 and William Hugh Blair, et al.

United States District Court, M. D. Pennsylvania.

June 17, 1974.

Attorney(s) appearing for the Case

S. John Cottone, U. S. Atty., Scranton, Pa., for plaintiff.

John R. Gates, Huntingdon, Pa., Harold J. Rogers, Riverdale, Md., for defendants.

MEMORANDUM AND ORDER

NEALON, District Judge.

The United States has filed a complaint in condemnation and declaration of taking, condemning two tracts of land owned by defendants which are to be used by the Corps of Engineers in constructing a flood control project on the Juniata River. Defendants, in their answer, claim that not only is there absent a valid congressional delegation of authority to the Secretary of the Army allowing the taking of their property...

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