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HOHENSEE v. STATE OF PENNSYLVANIA, DEPT. OF HIGHWAYS

No. 16323.

383 F.2d 784 (1967)

Ervin HOHENSEE, Appellant, v. STATE OF PENNSYLVANIA, DEPT. OF HIGHWAYS and United States of America.

United States Court of Appeals Third Circuit.

Decided October 9, 1967.

Attorney(s) appearing for the Case

Ervin Hohensee, pro se.

Edward D. Werblun, Robert W. Cunliffe, Asst. Attys. Gen., Dept. of Highways, Commonwealth of Pennsylvania, Harrisburg, Pa., for appellee State of Pennsylvania, Dept. of Highways.

Edwin L. Weisl, Jr., Asst. Atty. Gen., Roger P. Marquis, Appellate Section Land and Natural Resources Division U. S. Dept. of Justice, Washington, D. C., Bernard J. Brown, U. S. Atty., Scranton, Pa. (Robert M. Perry, Atty., Dept. of Justice, Washington, D. C. on the brief), for appellee the United States.

Before BIGGS, FREEDMAN and SEITZ, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

The plaintiff-appellant Hohensee seeks to recover a judgment for land taken under the "Federal-Aid Highway Acts", 23 U.S.C.A. § 101 et seq. as appears. Assuming that jurisdiction existed in the court below, his claim must be denied under Martin v. Creasy, 360 U.S. 219, 224, 79 S.Ct. 1034, 1037, 3 L.Ed.2d 1186 (1959). In Creasy the Supreme Court stated: "It must be assumed that the courts...

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