UNITED STATES v. 365.0 ACRES OF LAND, ETC., AUGUSTA CO., VA.

No. 14363.

428 F.2d 459 (1970)

UNITED STATES of America, Appellee, v. 365.0 ACRES OF LAND, MORE OR LESS, Situate IN AUGUSTA COUNTY, COMMONWEALTH OF VIRGINIA, Elinor Ryan Brady and Admiral Parke H. Brady, Appellants.

United States Court of Appeals, Fourth Circuit.

June 29, 1970.


Attorney(s) appearing for the Case

William A. Perkins, Jr., Charlottesville, Va., on the brief for appellants.

Shiro Kashiwa, Asst. Atty. Gen., Leigh B. Hanes, Jr., U. S. Atty., and Edmund B. Clark and Harry W. McKee, Attys., Department of Justice, on the brief, for appellee.

Before BRYAN, WINTER and CRAVEN, Circuit Judges.


PER CURIAM:

The issue of whether the United States has the authority to take certain land adjoining the Blue Ridge Parkway through the power of eminent domain was certified by the District Court on November 24, 1969 as involving a "controlling question of law" which would materially advance the ultimate termination of these proceedings. 28 U.S.C. § 1292(b). By an order entered January 5, 1970 we permitted an appeal and stayed the proceedings below.

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