United States v. 758.72 Acres of Land

JOHN E. MILLER, Chief Judge.

The ultimate question for determination is whether the plaintiff, United States of America, is entitled to a summary judgment pursuant to Rule 56, F.R. Civ.P., 28 U.S.C.A.

The record reflects the following facts:

On April 21, 1958, the plaintiff filed its complaint and declaration of taking for the condemnation of 758.72 acres of land, more or less, in Boone and Carroll Counties, Arkansas. Upon motion of the plaintiff, the court on the following day entered an order requiring all persons owning or in possession of the tracts of land sought to be condemned to deliver…