NUNNALLY v. UNITED STATES

No. 7308.

239 F.2d 521 (1956)

Claude A. NUNNALLY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fourth Circuit.

Decided December 26, 1956.


Attorney(s) appearing for the Case

George R. Humrickhouse and Robert N. Pollard, Jr., Richmond, Va. (C. O'Conor Goolrick, Fredericksburg, Va., on the brief), for appellant.

A. Donald Mileur, Atty., Dept. of Justice, Washington, D. C. (Perry W. Morton, Asst. Atty. Gen., Lester S. Parsons, Jr., U. S. Atty., Norfolk, Va., Edwin J. Slipek, Asst. U. S. Atty., Richmond, Va., and Roger P. Marquis, Atty., Dept. of Justice, Washington, D. C., on the brief), for appellee.

Before PARKER, Chief Judge, SOBELOFF, Circuit Judge, and THOMSEN, District Judge.


THOMSEN, District Judge.

Plaintiff's appeal in this action under the Tucker Act, 28 U.S.C.A. § 1346(a) (2), raises the question whether his property or any interest therein has been taken by the United States within the meaning of the Fifth Amendment. The complaint also alleged a claim under the Federal Tort Claims Act, 28 U.S.C.A. § 1346(b), but plaintiff concedes that he proved no case under that act.

The United States established the Dahlgren...

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