U.S. v. STREETS, ALLEYS & PUBLIC WAYS IN VILLAGE OF STOUTSVILLE

No. 75-1395.

531 F.2d 882 (1976)

UNITED STATES of America, Appellee, v. STREETS, ALLEYS AND PUBLIC WAYS IN the VILLAGE OF STOUTSVILLE, Missouri, situate IN MONROE COUNTY, MISSOURI, and William A. Moutray, Mayor, et al., Appellants.

United States Court of Appeals, Eighth Circuit.

Decided February 23, 1976.


Attorney(s) appearing for the Case

Jerome W. Seigfreid, Edwards, Seigfreid, Runge & Hodge, Inc., Mexico, Mo., made argument for appellants. Rebuttal was made by Mr. Seigfreid. He also filed agreed statement on appeal and brief for appellant.

Kathryn A. Oberly, Atty., Dept. of Justice, Washington, D. C., made argument for appellee. Her name also appeared on brief filed for the United States. Other counsel appearing on the brief were: Wallace H. Johnson, Asst. Atty. Gen., George R. Hyde, Atty., Dept. of Justice, Washington, D. C., and Donald J. Stohr, U. S. Atty., and Edwin B. Brezezinski, Asst. U. S. Atty., St. Louis, Mo.

Before GIBSON, Chief Judge, CLARK, Associate Justice, Retired, and BRIGHT, Circuit Judge.


GIBSON, Chief Judge.

In this interlocutory appeal,1 the Trustees of the Village of Stoutsville in Monroe County, Missouri (the Trustees), question the compensatory adequacy of an order of the District Court2 conditionally approving a plan of the United States to construct limited substitute road facilities to compensate the Village in kind, rather than monetarily, for taking by condemnation approximately 1...

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