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UNITED STATES v. 67.59 ACRES OF LAND, ETC.

Civ. No. 75-692.

415 F.Supp. 544 (1976)

UNITED STATES of America, Plaintiff, v. 67.59 ACRES OF LAND, MORE OR LESS, IN HUNTINGDON COUNTY, COMMONWEALTH OF PENNSYLVANIA, et al., Defendants.

United States District Court, M. D. Pennsylvania.

April 26, 1976.

Attorney(s) appearing for the Case

S. John Cottone, U. S. Atty., M. D. Pa., Scranton, Pa., Harry A. Nagle, Asst. U. S. Atty., Lewisburg, Pa., for U. S.

John R. Miller, Jr., Miller, Kistler, Campbell, Mitinger & Beik, Bellefonte, Pa., for defendant.

MEMORANDUM

HERMAN, District Judge.

Presently before the court in this case is a motion filed by the United States seeking to strike the defenses set forth in defendant Morningstar's amended answer as insufficient pursuant to Federal Rule of Civil Procedure 12(f). The motion filed by the United States will be granted for the reasons which follow.

This case arises as the result of condemnation proceedings instituted by the Secretary of the Army for...

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