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MUNHALL BOROUGH v. UNITED STATES

No. 9126.

159 F.2d 603 (1947)

MUNHALL BOROUGH v. UNITED STATES.

Circuit Court of Appeals, Third Circuit.

Decided January 22, 1947.

Attorney(s) appearing for the Case

John E. Evans, Sr., of Pittsburgh, Pa. (Evans, Evans & Spinelli, of Pittsburgh, Pa., on the brief), for appellant.

Roger P. Marquis, of Washington, D.C., Dept. of Justice (David L. Bazelon, Asst. Atty. Gen., and Charles F. Uhl, U. S. Atty., and Elliott W. Finkel, Sp. Asst. to the U. S. Atty., both of Pittsburgh, Pa., on the brief), for appellee.

Before BIGGS and McLAUGHLIN, Circuit Judges, and RODNEY, District Judge.

McLAUGHLIN, Circuit Judge.

On June 26, 1941 the United States instituted proceedings to acquire privately owned lands in the Borough of Munhall, Pennsylvania, for a defense housing project. Later an amended petition was filed covering a one-year easement leading to the West Run sewer of the Borough and a one-year easement to connect with and discharge sewage into that sewer. On this appeal we are concerned solely with the value of the latter easement, which by a further...

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