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UNITED STATES v. CERTAIN LAND IN BALTIMORE COUNTY, MD.

Civ. No. 10133.

209 F.Supp. 50 (1962)

UNITED STATES of America v. CERTAIN LAND IN BALTIMORE COUNTY, STATE OF MARYLAND, and Garden Construction Corporation, et al.

United States District Court D. Maryland.

September 26, 1962.

Attorney(s) appearing for the Case

William F. Smith, Atty., Dept. of Justice, Washington, D. C., Joseph D. Tydings, U. S. Atty., and Arthur G. Murphy, Asst. U. S. Atty., Baltimore, Md., for plaintiff.

Wilson K. Barnes, Baltimore, Md., for defendants.

THOMSEN, Chief Judge.

The principal disputes in this condemnation case, which was heard by the court without a jury, are: what is the highest and best use of the land taken by the government on November 7, 1957; and whether the owner, Garden Construction Corporation (Garden), is entitled to severance damages because it will be unable to divert, across the land which was taken, a stream which flows through the remaining land. The two tracts condemned in this case are...

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