MILES v. DISTRICT OF COLUMBIA

No. 73-2250.

510 F.2d 188 (1975)

Anne E. MILES v. DISTRICT OF COLUMBIA, a Municipal Corporation, Appellant, and John A. Taylor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 21, 1975.


Attorney(s) appearing for the Case

David P. Sutton, Asst. Corp. Counsel for the District of Columbia, Washington, D. C., with whom C. Francis Murphy, Corp. Counsel, Louis P. Robbins, Principal Asst. Corp. Counsel, and Richard W. Barton, Asst. Corp. Counsel, Washington, D. C., were on the brief for appellant.

J. Hampton Baumgartner, Jr., Washington, D. C., with whom Bruce S. Mencher and Michael B. McGovern, Washington, D.C., were on the brief for appellee Miles.

Paul J. Sedgwick, Washington, D. C., entered an appearance for appellee Taylor.

Before LUMBARD, Senior Circuit Judge for the Second Circuit, and McGOWAN and TAMM, Circuit Judges.


Opinion for the Court filed by Circuit Judge TAMM.

Opinion filed by Senior Circuit Judge LUMBARD, concurring in part and dissenting in part.

TAMM, Circuit Judge:

Plaintiff-appellee, Mrs. Anne E. Miles, brought suit in district court alleging that the destruction by the District of Columbia of two buildings owned by her constituted a taking of property without just compensation and due process of law. District Court Judge Oliver Gasch found that the...

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