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U.S. v. 371.93 ACRES OF LAND, MORE OR LESS, ETC.

No. 78-903C(2).

575 F.Supp. 756 (1983)

UNITED STATES of America, Plaintiff, v. 371.93 ACRES OF LAND, MORE OR LESS, SITUATE IN MONROE COUNTY, STATE OF MISSOURI, and Howard R. Shaw, et al., and Unknown Owners, Defendants.

United States District Court, E.D. Missouri.

December 20, 1983.

Attorney(s) appearing for the Case

Edwin B. Brzezinski, Asst. U.S. Atty., St. Louis, Mo., for plaintiff.

Millar, Schaefer & Horrmann, Gregory F. Hoffman, St. Louis, Mo., for defendants.

MEMORANDUM

FILIPPINE, District Judge.

This matter is before the Court on the motion of the plaintiff to determine the interest, if any, of the defendants Howard R. Shaw and Bonnie R. Shaw, his wife, in any fire clay underlying the north forty acres of Tract No. 1601. Both plaintiff and defendants have submitted memoranda of law in support of their positions. The Court will treat this motion as one for partial summary judgment under Rule 56 of the Federal...

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