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FULCHER v. UNITED STATES

No. 78-1552.

632 F.2d 278 (1980)

Arthur J. FULCHER, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 17, 1980.

Attorney(s) appearing for the Case

Daniel D. Khoury, Manteo, N.C. (Christopher L. Seawell, Aldridge & Seawell, Manteo, N.C., on brief), for appellant.

Robert L. Klarquist, Dept. of Justice, Washington, D.C. (James W. Moorman, Asst. Atty. Gen., Washington, D.C., George M. Anderson, U. S. Atty., Bruce H. Johnson, Asst. U. S. Atty., Raleigh, N.C., Charles E. Biblowit, Dept. of Justice, Washington, D.C., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and WINTER, BUTZNER, RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN and SPROUSE, Circuit Judges.

PER CURIAM:

For the reasons set forth in the accompanying four opinions, the issues in this case are decided as follows:

1. Seven members of the court reverse the judgment of the district court. They hold that the district court has jurisdiction and that the complaint states a claim for relief under 28 U.S.C. § 2409a. Two members of the court dissent.

2. Seven members of the court hold that the 12-year...

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