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UNITED STATES v. CERTAIN PARCELS OF LAND, MONROE CTY.

No. 74-1059.

509 F.2d 801 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. CERTAIN PARCELS OF LAND Situate IN MONROE COUNTY et al., Defendants, Keytel, Inc., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 14, 1975.

Attorney(s) appearing for the Case

Anne C. Booth, Tallahassee, Fla., Toby Prince Brigham, Miami, Fla., for defendant-appellant.

Charles F. MacMillan, Wallace H. Johnson, Jacques B. Gelin, Atty., Dept. of Justice, Washington, D. C., Robert W. Rust, U. S. Atty., Miami, Fla., Edward J. Shawaker, Atty., Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before BROWN, Chief Judge, and BELL and MORGAN, Circuit Judges.

JOHN R. BROWN, Chief Judge:

The landowner seeks a new trial in this condemnation action brought by the Government to acquire land for a Coast Guard search and rescue facility to serve the middle and upper Florida Keys. Primarily, the property owner would have us conclude that the District Judge was clearly in error when he found that the lots were zoned for single-family (RU-1) rather than commercial (RU-3) use. After surveying the testimony and documentary evidence...

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