UNITED STATES v. 23.94 ACRES OF LAND, FLOYD CO., COM. OF VA.

Civ. A. No. 68-C-61-R.

325 F.Supp. 330 (1970)

UNITED STATES of America, Plaintiff, v. 23.94 ACRES OF LAND, MORE OR LESS, situate IN FLOYD COUNTY, COMMONWEALTH OF VIRGINIA, and Foster E. Dalton, et al., Defendants.

United States District Court, W. D. Virginia, at Roanoke.

December 9, 1970.


Attorney(s) appearing for the Case

Leigh B. Hanes, Jr., U. S. Atty., and Birg E. Sergent, Asst. U. S. Atty., Roanoke, Va., for plaintiff.

Martin F. Clark, Stuart, Va., and S. D. Roberts Moore, Roanoke, Va., for defendants.


OPINION AND FINAL ORDER

DALTON, Chief Judge.

By agreement of counsel, this cause is ordered reinstated on the docket.

The question before the Court is whether fees for witness attendance incurred by the landowner in the amount of $129.00 may be assessed as costs against the Government in a condemnation case. It was unanimously held prior to the amendment of Title 28 U.S.C. § 2412, the effective date of which was July 18, 1966, that the United...

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