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UNITED STATES v. BELLE VIEW APARTMENTS

No. 6851.

217 F.2d 636 (1954)

UNITED STATES of America, Appellant, v. BELLE VIEW APARTMENTS, SEC. I, Inc., Belle View Apartments, Sec. II, Inc., Belle View Apartments, Sec. III, Inc., Belle View Apartments, Sec. IV, Inc., Belle View Shopping Center, Inc., Appellees.

United States Court of Appeals Fourth Circuit.

Decided December 9, 1954.

Attorney(s) appearing for the Case

John C. Harrington, Atty., Dept. of Justice, Washington, D. C. (Perry W. Morton, Asst. Atty. Gen., Lester S. Parsons, Jr., U. S. Atty., Norfolk, Va., and John F. Cotter, Atty., Dept. of Justice, Washington, D. C., on brief), for appellant.

Albert V. Bryan, Jr., Alexandria, Va., for appellees.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

SOPER, Circuit Judge.

United States of America instituted this action to enjoin certain corporations known as Belle View Apartments, Sec. 1, Inc., et al., from trespassing on the right of way of the Mount Vernon Memorial Highway by constructing an access road from their adjacent property over a park area in the right of way to the paved portion of the highway. Right of access to the highway was asserted by the Belle View Companies by virtue of a reservation in a deed...

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