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H & R CORPORATION v. DISTRICT OF COLUMBIA

Nos. 18328, 18329, 18336, 18337.

351 F.2d 740 (1965)

H & R CORPORATION, Appellant, v. DISTRICT OF COLUMBIA, Appellee. NORAIR REALTY COMPANY, Inc., Appellant, v. DISTRICT OF COLUMBIA, Appellee. Olga Ruppert MAY et al., Appellants, v. DISTRICT OF COLUMBIA, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 7, 1965.

Petition for Rehearing Denied June 21, 1965.

Attorney(s) appearing for the Case

Mr. David Carliner, Washington, D. C., attorney for appellant in Nos. 18,328 and 18,329, and Mr. James D. Newton, Washington, D. C., attorney for appellants in No. 18,337, argued for all appellants. Mr. Jack Wasserman, Washington, D. C., was also on the brief for appellant in Nos. 18,328 and 18,329. Mr. James M. Earnest, Washington, D. C., was also on the brief for appellants in No. 18,337.

Messrs. John F. Myers and Kahl K. Spriggs, Washington, D. C., were on the brief for appellant in No. 18,336.

Mr. John R. Hess, Asst. Corp. Counsel for the District of Columbia, with whom Messrs. Chester H. Gray, Corp. Counsel, Milton D. Korman, Principal Asst. Corp. Counsel, and Hubert B. Pair, Asst. Corp. Counsel, were on the brief, for appellee.

Before BAZELON, Chief Judge, and WASHINGTON and DANAHER, Circuit Judges.

Petition for Rehearing En Banc Denied June 21, 1965.

WASHINGTON, Circuit Judge:

This is a condemnation case. The District of Columbia took certain properties near Washington Circle, in the Northwest section of Washington, adjoining the central business area of the city, for use as a park and a police station. The owners demanded a jury trial as to the amount of compensation.

The measure of compensation is the fair market value of the condemned property...

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