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MARTIN v. UNITED STATES

No. 7261.

240 F.2d 326 (1957)

Charles O. MARTIN, Raymond F. Farrar and wife, Hazel M. Farrar, and Floyd B. Martin, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 7, 1957.

Attorney(s) appearing for the Case

D. Newton Farnell, Jr., and William E. Comer, Greensboro, N. C. (James MacClamroch, Greensboro, N. C., on brief), for appellants.

Richard C. Peet, Atty., Dept. of Justice, Washington, D. C. (Perry W. Morton, Asst. Atty. Gen., Edwin M. Stanley, U. S. Atty., Robert L. Gavin, Asst. U. S. Atty., Greensboro, N. C., and Roger P. Marquis, Atty., Dept. of Justice, Washington, D. C., on brief), for appellee.

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

PARKER, Chief Judge.

This is an appeal from a decree granting an injunction in an action instituted by the United States, as the owner of a limited-access highway, to restrain adjoining landowners from trespassing on a strip of land adjacent thereto in an attempt to build an access road onto the highway. The court below granted the injunction on the ground that the United States was the owner of the strip of land, having acquired it from the State of North Carolina...

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