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YOUNCE v. U.S.

No. B-C-85-132.

661 F.Supp. 482 (1987)

Laura Duvall YOUNCE, widow; Edgar Younce and wife, Blanche Younce; Joseph Younce and wife, Louise Younce; Paul Younce and wife, Margie Younce; Frances Younce; Lois Younce Duvall and husband, Kelly B. Duvall; Ruth Younce Crisp and husband, Troy Crisp; Elda Roper Yonce, widow; Homer Yonce, and wife, Patricia West Yonce; Wayne Yonce and wife, Sally Yonce; Kathleen Yonce Conley and husband, Charles Conley, Jr.; Peggy Yonce Sanders and husband, James Sanders; Gladys Yonce Miller; Betty Yonce Hord, widow, Plaintiffs, and Dorothy Yonce Waters and husband, Dwight Lamen Waters; Myrtle Yonce Allen and husband, Jess Allen; Ruth Yonce Solesbee and husband, Ralph Solesbee; Alba Yonce, widow; Mitchell Rowland and wife, Katie L. Rowland; Steve Rowland and wife, Cynthia L. Rowland; and David Brice Rowland and wife, Patricia B. Rowland, Plaintiffs-Intervenors, v. UNITED STATES of America, Defendant.

United States District Court, W.D. North Carolina, Bryson City Division.

June 1, 1987.

Attorney(s) appearing for the Case

Herbert L. Hyde, G. Edison Hill, Asheville, N.C., for plaintiffs Laura Younce, Edgar and Blanche Younce, Joseph and Louise Younce, Paul and Margie Younce, Frances Younce, Lois and Kelly Duvall and Ruth and Troy Crisp and all plaintiffs-intervenors.

Brady & Keller, Lenoir, N.C. by Robert M. Brady, for plaintiffs Elda Younce, Homer and Patricia Yonce, Wayne and Sally Yonce, Kathleen and Charles Conley, Peggy and James Sanders, Gladys Miller and Betty Hord.

U.S. Atty. Charles R. Brewer, Asst. U.S. Atty., Clifford C. Marshall, Asheville, N.C., for defendant.

MEMORANDUM OF DECISION

SENTELLE, District Judge.

Plaintiffs herein sue to obtain quiet title under the provisions of 28 U.S.C. § 2409a to certain real estate in the Nantahala Gorge lying in Swain County,1 North Carolina, and claimed by the United States as part of the Nantahala National Forest. Plaintiffs make their claim as the heirs at law of Elihu Barnes. The parties stipulate that at least one of the plaintiffs is an...

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