UNITED STATES v. 21.54 ACRES OF LAND, MARSHALL CTY., W. VA.

No. 72-2447.

491 F.2d 301 (1973)

UNITED STATES of America, Appellee, v. 21.54 ACRES OF LAND, MORE OR LESS, situate IN MARSHALL COUNTY, STATE OF WEST VIRGINIA, et al., Appellants.

United States Court of Appeals, Fourth Circuit.

Decided July 13, 1973.


Attorney(s) appearing for the Case

Jolyon W. McCamic, Wheeling, W. Va. (McCamic, McCamic & Hazlett, Wheeling, W. Va., on brief), for appellants.

Stephen G. Jory, Asst. U. S. Atty. (James F. Companion, U. S. Atty., on brief), for appellee.

Before WINTER and FIELD, Circuit Judges, and BLAIR, District Judge.


BLAIR, District Judge:

Clarence and Bernice Darrah appeal from a jury verdict entered in a condemnation proceeding in the United States District Court for the Northern District of West Virginia, at Wheeling. Pursuant to the authority contained in 40 U.S.C. § 258a, 33 U.S.C. §§ 591, 595 and Pub. Law 90-147, the United States filed a declaration of taking on December 4, 1968, subsequently amended on January 20, 1970, describing the lands and interests...

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