UNITED STATES v. PAYNE

Nos. 10413-10417.

368 F.2d 74 (1966)

UNITED STATES of America, Appellee, v. Wake PAYNE and Delight Payne, his wife, Appellants. UNITED STATES of America, Appellee, v. Lowell C. FERGUSON and Joan M. Ferguson, his wife, Appellants. UNITED STATES of America, Appellee, v. Buena FOSTER, Appellant. UNITED STATES of America, Appellee, v. Ö Emzie ELLER and L. E. Eller, her husband, Appellants. UNITED STATES of America, Appellee, v. Julia Dixie ELLER and Vaden G. Eller, her husband, Appellants.

United States Court of Appeals Fourth Circuit.

Decided October 19, 1966.


Attorney(s) appearing for the Case

W. H. McElwee, North Wilkesboro, N. C. (John E. Hall and McElwee & Hall, North Wilkesboro, N. C., on brief), for appellants.

William M. Cohen, Atty., Dept. of Justice (Edwin L. Weisl, Jr., Asst. Atty. Gen., Roger P. Marquis, Atty., Dept. of Justice, and William H. Murdock, U. S. Atty., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, BELL, Circuit Judge, and HEMPHILL, District Judge.


HEMPHILL, District Judge.

Appellant landowners appeal from the order of the district court which affirmed the findings of a condemnation commission regarding the investigation and ad-measurement of damages from a flowage easement over the appellants' lands.

In the flowage easement area certain state roadways were relocated by greement between the state and the United States. Some were not. The roads affecting these appellants were not relocated. They are subject...

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