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TALIAFERRO v. STAFSETH

No. 71-1329.

455 F.2d 207 (1972)

Lucien TALIAFERRO and Priscilla Taliaferro, Plaintiffs-Appellants, v. Henrik E. STAFSETH, Director of the Michigan Department of State High-ways, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

February 11, 1972.

Attorney(s) appearing for the Case

Lafferty, Reosti, Jabara, Papakhian, James, Stickgold, Smith & Soble, Ronald Reosti, Detroit, Mich., on brief for plaintiffs-appellants.

Shiro Kashiwa, Asst. Atty. Gen., Jacques B. Gelin, Glen R. Goodsell, Attys., Dept. of Justice, Washington, D. C., Ralph B. Guy, Jr., U. S. Atty., Harold Hood, Asst. U. S. Atty., Detroit, Mich., on brief for defendants-appellees.

Before PHILLIPS, Chief Judge, and McCREE and MILLER, Circuit Judges.

PHILLIPS, Chief Judge.

The Federal-Aid Highway Act of 19681 provides for relocation payments not to exceed $5,000 to certain owners of real estate displaced by federal aid highway construction projects. The payment permitted by this statute is in addition to compensation for damages. The Act became effective August 23, 1968.

The sole issue on this appeal is whether this statute should be applied retroactively to a displaced owner...

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