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UNITED STATES v. CERTAIN PARCELS OF LAND, ETC.

No. 8234.

144 F.2d 626 (1944)

UNITED STATES v. CERTAIN PARCELS OF LAND IN CITY OF PHILADELPHIA et al.

Circuit Court of Appeals, Third Circuit.

Decided August 16, 1944.

Attorney(s) appearing for the Case

Thomas Raeburn White, of Philadelphia, Pa. (Edith H. West, C. Laurence Cushmore, Jr., and White & Staples, all of Philadelphia, Pa., on the brief), for appellant.

Wilma C. Martin, of Washington, D. C. (Norman M. Littell, Asst. Atty. Gen., Gerald A. Gleeson, U. S. Atty., of Philadelphia, Pa., C. James Todaro, Sp. Asst. to Atty. Gen., and Vernon L. Wilkinson, Attorneys, Department of Justice, of Washington, D. C., on the brief), for appellee.

Before MARIS and JONES, Circuit Judges, and BARD, District Judge.

BARD, District Judge.

This appeal raises a single question. In a case to determine the value of property taken by the United States under the power of eminent domain, is a written contract for the sale of the identical property executed shortly before the taking admissible in evidence as bearing on the market value of the property?

The trial court refused to receive into evidence such a contract offered by appellant-owner.

On August 25, 1941 the United...

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