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R. J. WIDEN COMPANY v. UNITED STATES

No. 80-62.

357 F.2d 988 (1966)

R. J. WIDEN COMPANY v. The UNITED STATES and COMMONWEALTH OF MASSACHUSETTS, Third-Party Defendant.

United States Court of Claims.

March 18, 1966.

Attorney(s) appearing for the Case

Jerome P. Facher, Boston, Mass., for plaintiff; A. Frederick Richard, Boston, Mass., attorney of record. Hale & Dorr, Boston, Mass., of counsel.

Howard O. Sigmond, Washington, D. C., with whom was Asst. Atty. Gen. Edwin L. Weisl, Jr., for defendant.

Robert L. Meade, Asst. Atty. Gen., Commonwealth of Massachusetts, for third-party defendant; John S. Bottomly, Asst. Atty. Gen., attorney of record. Edward W. Brooke, Atty. Gen., of counsel.

Before COWEN, Chief Judge, WHITAKER, Senior Judge, and LARAMORE, DAVIS and COLLINS, Judges.

PER CURIAM:*

In this suit plaintiff seeks to obtain just compensation under the Fifth Amendment (1) for injuries to its personal property and business resulting from governmental action in connection with construction of a flood control project, and (2) for the rental value of its lands that were occupied by the government during the initial phases of that project.

The Flood Control Act of 1936, as amended in 1941, authorized federal...

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