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UNITED STATES v. HOLMES

No. 7264.

238 F.2d 229 (1956)

UNITED STATES of America, Appellant and Cross-Appellee, v. Samuel S. HOLMES and Eleanor Holmes, owners of Tract No. KK-3621E; A. E. Nichols, owner of Tract No. NN-3918E and Flournoy X. Barksdale, owner of Tract No. NN-3939E, Appellees and Cross-Appellants.

United States Court of Appeals Fourth Circuit.

Decided November 7, 1956.

Attorney(s) appearing for the Case

Fred W. Smith, Atty., Dept. of Justice, Washington, D. C. (Perry W. Morton, Asst. Atty. Gen., John Strickler, U. S. Atty., Roanoke, Va., S. Billingsley Hill and Roger P. Marquis, Attys., Dept. of Justice, Washington, D. C., on brief), for appellant and cross-appellee.

Francis V. Lowden, Jr., Richmond, Va., and James S. Easley, So. Boston, Va. (Hunton, Williams, Gay, Moore & Powell; Ralph H. Ferrell, Jr., Richmond, Va., and Easley & Vaughan, So. Boston, Va., on brief), for appellees and cross-appellant.

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

PARKER, Chief Judge.

This is an appeal and a cross appeal from the judgment entered after trial upon remand in the condemnation case which was before us in United States v. 2,648.31 Acres of Land, 4 Cir., 218 F.2d 518. On the prior appeal we pointed out that only a flowage easement was being taken by the United States, that this easement was taken with respect to a particular dam with reservation on the part of the owners of the land...

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