UNITED STATES v. BRADDY

Civ. No. 70-707.

320 F.Supp. 1239 (1971)

UNITED STATES of America, Plaintiff, v. Leon L. BRADDY, Mary Lou Braddy, and the State of Oregon, Defendants.

United States District Court, District of Oregon.

January 14, 1971.


Attorney(s) appearing for the Case

Sidney I. Lezak, U. S. Atty., Vinita Jo Neal, Sp. Asst. U. S. Atty., Portland, Or., for plaintiff.

Richard F. Deich, Deich, Deich & Hinton, Portland, Or., for defendants Braddy.

Lee Johnson, Atty. Gen. of Oregon, L. I. Lindas, Asst. Atty. Gen., and Counsel for the State Highway Commission, Frank C. McKinney, Asst. Atty. Gen. and Asst. Counsel for the State Highway Commission, Salem, Or., for defendant State of Oregon.


OPINION

ALFRED T. GOODWIN, District Judge:

The United States seeks declaratory and injunctive relief concerning an administrative interpretation of relocation rights of persons claiming, under the Federal-Aid Highway Act of 1968, 23 U.S.C. §§ 501-511, to be "displaced" by a federal highway project.

In October of 1967, Leon Braddy and his wife bought a two-family dwelling in Multnomah County. They subsequently heard rumors that the house...

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