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UNITED STATES v. 172.80 ACRES OF LAND, ETC.

No. 15197.

350 F.2d 957 (1965)

UNITED STATES of America, Appellant, v. 172.80 ACRES OF LAND, MORE OR LESS, SITUATE IN MERCER COUNTY, COMMONWEALTH OF PENNSYLVANIA, and Cecelia E. Stambaugh et al.

United States Court of Appeals Third Circuit.

Decided August 24, 1965.

Rehearing Denied September 22, 1965.

Attorney(s) appearing for the Case

Roger P. Marquis, Lands Div., Appellate Section, Dept. of Justice, Washington, D. C. (J. Edward Williams, Acting Asst. Atty. Gen., Gustave Diamond, U. S. Atty., Robert E. Tucker, Asst. U. S. Atty., Pittsburgh, Pa., Edmund B. Clark, Atty., Dept. of Justice, Washington, D. C., on the brief), for appellant.

Donald R. McKay, Cusick, Madden, Joyce, Acker & McKay, Sharon, Pa., for appellees.

Before KALODNER, HASTIE and SMITH, Circuit Judges.

HASTIE, Circuit Judge.

On this appeal the United States asks us to reverse a holding of the district court, based upon findings and conclusions of a board of commissioners, that enhancement in the value of certain property attributable to a nearby governmental project is includable in an award for that property when it is condemned for use in the same project.

The essential facts are not in dispute now. In 1938 Congress authorized the Shenango River Reservoir...

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