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TOWN OF CLARKSVILLE, VA. v. UNITED STATES

No. 6447.

198 F.2d 238 (1952)

TOWN OF CLARKSVILLE, VA., v. UNITED STATES.

United States Court of Appeals Fourth Circuit.

Decided August 5, 1952.

Attorney(s) appearing for the Case

B. S. Royster, Jr., Oxford, N. C., and George E. Allen, Richmond, Va. (Ashby B. Allen, Allen, Allen, Allen & Allen, Richmond, Va., and Frank W. Hancock, Jr., Oxford, N. C., on the brief), for appellant.

Elizabeth Dudley, Atty., Department of Justice, Washington, D. C. (Wm. Amory Underhill, Asst. Atty. Gen., A. Carter Whitehead, U. S. Atty., Harris Grimsley, Sp. Asst. to the U. S. Atty., Richmond, Va., and Roger P. Marquis, Atty., Department of Justice, Washington, D. C., on the brief), for appellee.

Before PARKER, Chief Judge, DOBIE, Circuit Judge, and HAYES, District Judge.

DOBIE, Circuit Judge.

This is an appeal from an order of the United States District Court for the Eastern District of Virginia, entered in a proceeding by the United States to condemn, among other properties, certain parts of the water and sewer lines of the Town of Clarksville, Virginia, for use in the establishment of a flood control project in that area. A trial by jury was demanded in the complaint but subsequently the...

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