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UNITED STATES v. BOARD OF EDUCATION

No. 7548.

253 F.2d 760 (1958)

UNITED STATES of America, Appellant, v. The BOARD OF EDUCATION OF THE COUNTY OF MINERAL, Appellee. In the Matter of UNITED STATES of America, Plaintiff, v. 3.99 ACRES OF LAND, MORE OR LESS, situate in MINERAL COUNTY, WEST VIRGINIA, The Board of Education of the County of Mineral, etc., Defendants.

United States Court of Appeals Fourth Circuit.

Decided February 27, 1958.

Attorney(s) appearing for the Case

Harold S. Harrison, Atty., Dept. of Justice, Washington, D. C. (Perry W. Morton, Asst. Atty. Gen., Albert M. Morgan, U. S. Atty., Robert J. Schleuss, Asst. U. S. Atty., Fairmont, W. Va., and Roger P. Marquis, Atty., Dept. of Justice, Washington, D. C., on the brief), for appellant.

Clarence E. Martin, Jr., Martinsburg, W. Va., and Donald C. Hott, Keyser, W. Va., for appellee.

Thomas B. Finan, City Sol., Cumberland, Md., for the Mayor and City Council of Cumberland, a municipal corporation, as amicus curiae.

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

PARKER, Chief Judge.

This is an appeal by the United States from a judgment on a jury verdict awarding damages to the Board of Education of Mineral County, West Virginia, for the taking of a portion of the property of the Ridgely, West Virginia, high school in connection with a flood control project on the Potomac River. In the condemnation proceeding the United States acquired fee simple title to 3.42 acres of the high school property and a temporary easement over...

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