UNITED STATES v. CHATHAM

No. 8936.

323 F.2d 95 (1963)

UNITED STATES of America, Appellee, v. Howard B. CHATHAM and His Wife, Mrs. Howard B. Chatham, Appellants.

United States Court of Appeals Fourth Circuit.

Decided September 23, 1963.


Attorney(s) appearing for the Case

Herbert L. Hyde, Asheville, N. C., for appellants.

A. Donald Mileur, Atty., Dept. of Justice (Ramsey Clark, Asst. Atty. Gen., William Medford, U. S. Atty., and Roger P. Marquis, Atty., Dept. of Justice, on brief), for appellee.

Before SOBELOFF, Chief Judge, and HAYNSWORTH and J. SPENCER BELL, Circuit Judges.


HAYNSWORTH, Circuit Judge.

The United States acquired no interest in land which it sought to condemn when it gave no notice of the proceeding to the owners and did not physically seize the land.

The United States brought this action (1) to quiet its title to certain mountainous lands, (2) for an injunction prohibiting further trespasses by the defendants upon the land, and (3) for damages equivalent to the value of standing timber which the defendants had...

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