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UNITED STATES v. RIGHT TO USE, ETC., LAND, ALEXANDRIA, VA.

No. 72-2493.

484 F.2d 1140 (1973)

UNITED STATES of America, Appellee, v. The RIGHT TO USE AND OCCUPY 3.38 ACRES OF LAND, MORE OR LESS, Situate IN CITY OF ALEXANDRIA, STATE OF VIRGINIA et al., Keltec Division, Aiken Industries, Inc., Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 25, 1973.

Attorney(s) appearing for the Case

Craig S. Bamberger, Washington, D. C. (Gadsby & Hannah, Washington, D. C., on brief), for appellant.

Neil T. Proto, Atty., U. S. Dept. of Justice (Kent Frizzell, Asst. Atty. Gen., Brian P. Gettings, U. S. Atty., and George R. Hyde and David A. Clarke, Jr., Attys., Dept. of Justice, on brief), for appellee.

Before BOREMAN, Senior Circuit Judge, and BUTZNER and RUSSELL, Circuit Judges.

BUTZNER, Circuit Judge:

Keltec Division of Aiken Industries, Inc. appeals from a condemnation award that the district court entered on a jury verdict. Aiken contends: (1) that the government lacked authority to condemn the land; (2) that the district court adopted an erroneous valuation test; and (3) that the district court improperly allocated the jury award between the landlord and tenant. Only in the allocation of the...

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