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UNITED STATES v. CHESAPEAKE GARDENS, INC.,

No. 12504.

404 F.2d 178 (1968)

UNITED STATES of America, Appellee, v. CHESAPEAKE GARDENS, INC., and Chesapeake Gardens, Inc., No. 2, Appellants.

United States Court of Appeals Fourth Circuit.

Decided November 22, 1968.

Attorney(s) appearing for the Case

John J. Geraghty, Raleigh, N. C. (Poyner, Geraghty, Hartsfield & Townsend, Raleigh, N. C., John A. Pryor, Joseph M. Wyatt, and Wyatt & Jones, Baltimore, Md., on brief), for appellants.

S. Billingsley Hill, Atty., Dept. of Justice (Clyde O. Martz, Asst. Atty. Gen., Roger P. Marquis, Anne S. Bell, Attys., Dept. of Justice, Stephen H. Sachs, U. S. Atty. and Ralph J. Luttrell, Sp. Asst. U. S. Atty., on brief), for appellee.

Before SOBELOFF, BOREMAN and BUTZNER, Circuit Judges.

SOBELOFF, Circuit Judge:

This appeal concerns the proper measure of compensation in a condemnation case instituted by the Government.

The Capehart Act, 42 U.S.C. § 1594 (a), provides that Wherry Act (12 U.S.C. § 1748 et seq.) housing may be acquired by the Government in the discretion of the Secretary of Defense.1 Pursuant to this authorization, condemnation proceedings were...

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