UNITED STATES v. NITRO DEVELOPMENT CO.

No. 2410.

11 F.2d 75 (1926)

UNITED STATES v. NITRO DEVELOPMENT CO.

Circuit Court of Appeals, Fourth Circuit.

January 25, 1926.


Attorney(s) appearing for the Case

B. J. Pettigrew, Asst. U. S. Atty., of Charleston, W. Va., and Howard W. Ameli, Sp. Asst. Atty. Gen. (Elliott Northcott, U. S. Atty., of Huntington, W. Va., on the brief), for the United States.

E. B. Dyer and. H. D. Rummel, both of Charleston, W. Va., for defendant in error.

Before ROSE and PARKER, Circuit Judges, and WATKINS, District Judge.


ROSE, Circuit Judge.

In the court below the defendant in error, the Nitro Development Company, a West Virginia corporation, recovered a judgment for $138,833.98 against the United States, plaintiff in error. The parties will be described as the owner and the government, respectively.

The judgment was for $100,000, found to be the fair value on September 12, 1918, of 245 acres of land in Kanawha county, W. Va., with interest thereon at 6 per cent. from that...

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