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U.S. v. 0.13 ACRE, MORE OR LESS, SIT. IN KANAWHA CTY., STATE OF W.V.

No. CIV.A. 2:99-1060.

318 F.Supp.2d 351 (2004)

UNITED STATES of America, Plaintiff, v. 0.13 ACRE, MORE OR LESS, SITUATE IN KANAWHA COUNTY, STATE OF WEST VIRGINIA, ET AL., Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

May 24, 2004.

Attorney(s) appearing for the Case

Benjamin L. Bailey, Bailey & Glasser, Charleston, WV, Guardian ad litem for Condemnees, Winifred Martin, mother of Robert Charles Martin and Jouce Ann Martin.

O. Gay Elmore, Jr., Elmore & Elmore, Charleston, WV, for Defendant Douglas Q. Gale.

Michael L. Keller, Kasey Warner, United States Attorney's Office, Charleston, WV, for Plaintiff the United States of America.

MEMORANDUM OPINION AND ORDER

GOODWIN, District Judge.

Pending is defendant Douglas Q. Gale's motion for summary judgment [Docket 47]. The court GRANTS Gale's motion for summary judgment insofar as Gale seeks compensation for the value of the tax lien on the date of condemnation plus any interest accrued on the value of the tax lien since that date and DENIES the motion...

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