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BOURGEOIS v. UNITED STATES

No. 168-75.

545 F.2d 727 (1976)

Mae BOURGEOIS v. The UNITED STATES.

United States Court of Claims.

As Amended on Denial of Rehearing and Rehearing April 1, 1977.

Attorney(s) appearing for the Case

Seymour Kraus, Southfield, Mich., atty. of record, for plaintiff.

Michael K. Murray, Washington, D.C., with whom was Asst. Atty. Gen., Peter R. Taft, Washington, D.C., for defendant.

Before NICHOLS, KASHIWA and KUNZIG, Judges.

As Amended on Denial of Rehearing and Rehearing En Banc April 1, 1977.

KUNZIG, Judge.

Plaintiff in this Fifth Amendment taking case of first impression attempts to recover the value of an island allegedly appropriated by the Government in 1971 in a land-locked, non-navigable lake. In her motion for summary judgment, plaintiff asks the court to find that, as a matter of law, she held title to the island until its appropriation by the Government. By cross-motion...

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