UNITED STATES v. MATTOX

No. 10849.

375 F.2d 461 (1967)

UNITED STATES of America, Appellee, v. William R. MATTOX, Appellant. In the Matter of UNITED STATES of America v. 28.91 ACRES OF LAND, MORE OR LESS, Situate in BRAXTON COUNTY, WEST VIRGINIA, and William R. Mattox et al., and unknown others.

United States Court of Appeals Fourth Circuit.

Decided March 8, 1967.


Attorney(s) appearing for the Case

R. J. Thrift, Jr., Fayetteville, W. Va. (Mahan, Higgins, Thrift & Graney, Fayetteville, W. Va., on brief), for appellant.

George R. Hyde, Atty., Dept. of Justice (Edwin L. Weisl, Jr., Asst. Atty. Gen., Roger P. Marquis, Atty., Dept. of Justice, Milton J. Ferguson, U. S. Atty., and Charles M. Love, III, Asst. U. S. Atty., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and J. SPENCER BELL and WINTER, Circuit Judges.


J. SPENCER BELL, Circuit Judge:

The defendant, Mattox, appeals from a condemnation proceeding judgment which limited his recovery to the value of the property taken and denied severance damages.

The United States took by condemnation a tract of 28.91 acres owned by Mattox in Braxton County, West Virginia. This was one of several tracts totalling 7211.14 acres conveyed to him in fee by deed dated November 21, 1957. By another deed of the same date, Mattox obtained...

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