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UNITED STATES v. HONOLULU PLANTATION CO.

No. 12023.

182 F.2d 172 (1950)

UNITED STATES v. HONOLULU PLANTATION CO. HONOLULU PLANTATION CO. v. UNITED STATES.

United States Court of Appeals Ninth Circuit.

April 24, 1950.

Attorney(s) appearing for the Case

A. Devitt Vanech, Asst. Atty. Gen., John F. Cotter, Atty. Dept. of Justice, Washington, D. C., Harry T. Dolan, Sp. Asst. to Atty. Gen., New York City, for appellant United States.

C. Nils Tavares, Vernon O. Bortz, Honolulu, T. H. (Pratt, Tavares & Cassidy, Honolulu, T. H., of counsel), for appellant Honolulu Plantation Co.

Before HEALY and BONE, Circuit Judges, and FEE, District Judge.

JAMES ALGER FEE, District Judge.

The United States instituted thirteen actions, now consolidated, to condemn land in Hawaii. Honolulu Plantation Company had several claims for compensation, part of which have been paid. But Plantation claims "severance damages" because of loss of value of its properties as an operating concern by condemnation of property held in fee by third parties, resulting in an overcapacity of the sugar mill and refinery, since it was claimed...

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