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UNITED STATES v. CARROLL

No. 8536.

304 F.2d 300 (1962)

UNITED STATES of America, Plaintiff, Appellant and Cross-Appellee, v. W. R. CARROLL, Defendant, and owner of Parcel No. 56 (Declaration of Taking No. 25), Appellee and Cross-Appellant.

United States Court of Appeals Fourth Circuit.

Decided June 4, 1962.

Attorney(s) appearing for the Case

Edmund B. Clark, Attorney, Department of Justice (Ramsey Clark, Asst. Atty. Gen., Claude V. Spratley, Jr., U. S. Atty., Franklin C. Baugh, Asst. U. S. Atty., and Roger P. Marquis, Attorney, Department of Justice, on brief), for appellant and cross-appellee.

James H. Simmonds, Arlington, Va. (John F. Carman, Arlington, Va., on brief), for appellee and cross-appellant.

Before HAYNSWORTH, BOREMAN and BELL, Circuit Judges.

BOREMAN, Circuit Judge.

This is an appeal by the United States and a cross-appeal by the property owner from an order of the District Court increasing the award of a commission appointed pursuant to Rule 71A(h), Federal Rules of Civil Procedure, 28 U.S.C.A., in a condemnation proceeding. The acquired property consists of 268.364 acres of land located in Fairfax and Loudoun Counties, Virginia, and improvements, taken for use as part of the Dulles International Airport...

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