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BOSTICK v. SMOOT SAND AND GRAVEL CORPORATION

Civ. No. 8974.

154 F.Supp. 744 (1957)

Edward M. BOSTICK, Henry I. Altshuler, Anna B. Wickes and Virginia R. McDonnell, Mrs. Norma J. Bostick and Mrs. Roselina R. Altshuler, v. SMOOT SAND AND GRAVEL CORPORATION.

United States District Court D. Maryland.

August 21, 1957.

Attorney(s) appearing for the Case

Niles, Barton, Yost & Dankmeyer, Baltimore, Md. (Carlyle Barton, Theodore R. Dankmeyer and Robert C. Prem, Baltimore, Md.), for plaintiffs.

Piper & Marbury, Baltimore, Md. (Charles C. G. Evans and E. Clinton Bamberger, Jr., Baltimore, Md.), for defendant.

R. DORSEY WATKINS, District Judge.

This is an action by the owners and occupants of four contiguous parcels of land adjacent to Mt. Vernon, Fairfax County, Virginia, against the defendant, a Delaware corporation qualified to do business in Maryland. The complaint, in four counts, alleges a cause of action in trespass againt the defendant; a claim for nuisance in the manner in which said trespass has been and is being committed; and a claim for damages for the taking...

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