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UNITED STATES v. COMMODORE PARK

No. 5223.

143 F.2d 720 (1944)

UNITED STATES v. COMMODORE PARK, Inc.

Circuit Court of Appeals, Fourth Circuit.

June 23, 1944.

Attorney(s) appearing for the Case

Vernon L. Wilkinson, Attorney, Department of Justice, of Washington, D. C. (Norman M. Littell, Asst. Atty. Gen., and Harry H. Holt, Jr., U. S. Atty., of Hampton, Va., on the brief), for appellant.

W. R. Ashburn, of Norfolk, Va., for appellee.

Before SOPER, DOBIE, and NORTHCOTT, Circuit Judges.

SOPER, Circuit Judge.

Commodore Park, Incorporated, the owner of real estate in the City of Norfolk, Virginia, brought this suit under the Tucker Act, 28 U.S.C.A. § 41(20), to recover compensation for land and riparian rights alleged to have been taken by the United States in the enlargement of the Hampton Roads Naval Operating Base, especially its aviation facilities, and in the improvement of the navigability of the adjacent waters of Willoughby Bay. The defense...

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