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POKLADNIK v. UNITED STATES

No. 23501.

378 F.2d 59 (1967)

Cyrill POKLADNIK and wife, Justine Pokladnik, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

June 2, 1967.

Attorney(s) appearing for the Case

W. M. Taylor, Jr., H. P. Kucera, Strasburger, Price, Kelton, Miller & Martin, Dallas, Tex., for appellants.

Edwin L. Weisl, Jr., Asst. Atty. Gen., Robert P. Marquis, Edmund B. Clark, Attys., Dept. of Justice, Washington, D. C., Melvin M. Diggs, U. S. Atty., Claude D. Brown, Asst. U. S. Atty., Fort Worth, Tex., for appellee.

Before BELL, GODBOLD and DYER, Circuit Judges.

PER CURIAM:

The United States condemned 296 acres of a 383 acre tract owned by appellants to be used as a reservoir and for recreational purposes.

On this appeal the Pokladnik's principal contention is that the increase in value of a portion of the remainder of their tract was not a special and direct benefit to the tract and should not have been deducted from their compensation or, in the alternative, if the increase in value was a special and direct benefit...

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