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UNITED STATES v. 49.79 ACRES OF LAND

Civ. A. No. 82-732.

582 F.Supp. 368 (1983)

UNITED STATES of America, Plaintiff, v. 49.79 ACRES OF LAND, More or Less, SITUATE IN NEW CASTLE COUNTY, STATE OF DELAWARE; Frederic A. Potts and Company, Inc., a New York corporation; Getty Pipeline, Inc., a Delaware corporation; Citibank, N.A.; Nordic Bank Limited; Sunset Strippers of Virginia, Inc.; Freedom Energy Corp.; Attorney General, State of Delaware; Finance Department, Treasury Division Collection Unit of New Castle County; City Treasurer, City of Wilmington; and unknown owners, Defendants.

United States District Court, D. Delaware.

September 29, 1983.

Attorney(s) appearing for the Case

Joseph J. Farnan, Jr., U.S. Atty., Peggy L. Ableman, Asst. U.S. Atty., Wilmington, Del., and Gary M. Peterson, Dept. of Justice, Washington, D.C., for plaintiff U.S.

Aubrey B. Lank and John G. Mulford of Theisen, Lank, Mulford & Goldberg, P.A., Wilmington, Del., for defendant Frederic A. Potts and Co., Inc.

Stephen E. Herrmann, Jr., of Richards, Layton & Finger, Wilmington, Del., for defendant Getty Pipeline.

J. Calvin Williams, Deputy Atty. Gen., Dept. of Justice, Wilmington, Del., for defendant State of Del.

Julianne E. Hammond, Asst. City Sol., Wilmington, Del., for defendant City of Wilmington.

MEMORANDUM OPINION

LATCHUM, Chief Judge.

This is a civil action instituted on November 12, 1982, by the United States of America, on behalf of the Corps of Engineers ("Corps") pursuant to its power of eminent domain to take a fee simple title to 49.79 acres of land from the defendant, Frederic A. Potts and Company, Inc. ("Potts"). Pursuant to an ex parte Order of Possession entered November 18, 1982, Potts was required to surrender possession of the...

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