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NEALY v. HAZEN

No. 5962.

71 F.2d 692 (1934)

NEALY et al. v. HAZEN et al., Com'rs of District of Columbia.

Court of Appeals of the District of Columbia.

Decided May 14, 1934.

Rehearing Denied June 11, 1934.

Attorney(s) appearing for the Case

C. Clinton James, Frank J. Ehrhardt, Paul E. Lesh, and Dion S. Birney, all of Washington, D. C., for appellants.

William W. Bride, Vernon E. West, and Walter L. Fowler, all of Washington, D. C., for appellees.

Before MARTIN, Chief Justice, and ROBB, VAN ORSDEL, HITZ, and GRONER, Associate Justices.

VAN ORSDEL, Associate Justice.

The Commissioners of the District of Columbia filed a petition in the Supreme Court of the District for the condemnation of land for the widening of Van Ness street, and for the assessment of benefits. Notice of the condemnation proceedings was published as required by the statute, and the owners of the property sought to be taken were personally served with notice. No notice, however, was served on any of the appellants, and consequently...

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