FIRST NATIONAL BANK OF BRUNSWICK v. UNITED STATES

No. 20650.

350 F.2d 606 (1965)

The FIRST NATIONAL BANK OF BRUNSWICK, as Trustee under the Will of Lucy C. Carnegie, Deceased, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

September 14, 1965.


Attorney(s) appearing for the Case

Chris B. Conyers, Conyers, Fendig, Dickey & Harris, Brunswick, Ga., Chas. L. Gowen, King & Spalding, Atlanta, Ga., for appellant.

Ramsey Clark, Asst. Atty. Gen., Roger P. Marquis, George R. Hyde, Attys., Dept. of Justice, Washington, D. C., Donald H. Fraser, U. S. Atty., W. Reeves Lewis, Asst. U. S. Atty., Savannah, Ga., for appellee.

Before TUTTLE, Chief Judge, WISDOM, Circuit Judge, and CARSWELL, District Judge.


CARSWELL, District Judge:

Appellant Trustee challenges the holding of the district court that the loss of use of a creek and wharf, subsequent to the date of taking, may not be included as a compensable item in an original condemnation suit. We think the district court's ruling was correct and, accordingly, affirm.

In January, 1955, the United States commenced condemnation of approximately 492 acres of marsh land on Cumberland Island owned by the First National...

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