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WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY v. TWO PARCELS OF LAND IN FAIRFAX COUNTY

No. 76-1960.

569 F.2d 816 (1978)

WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Appellee, v. TWO PARCELS OF LAND IN FAIRFAX COUNTY, VIRGINIA, Eugene Hooper, Celeste Hooper, J. Willard Marriott, Donna G. Marriott, Richard E. Marriott, and Nancy Marriott, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided January 31, 1978.

Attorney(s) appearing for the Case

J. Strouse Campbell, Arlington, Va. (Herrell, Campbell & Lawson, Arlington, Va., brief) and Robert C. Fitzgerald, Fairfax, Va. (David P. Bobzien, Frank C. Kimball, Fitzgerald & Smith, Fairfax, Va., on brief), for appellants.

Maryann Walsh, Atty., Dept. of Justice, Washington, D. C. (Peter R. Taft, Asst. Atty. Gen.; William Norris and Jacques B. Gelin, Attys., Dept. of Justice, Washington, D. C., on brief), for appellee.

Before CLARK, Associate Justice, HAYNSWORTH, Chief Judge, and RUSSELL, Circuit Judge.

HAYNSWORTH, Chief Judge:

In a trial before a jury in this condemnation proceeding, a "rebuttal" witness was allowed to range widely in the presentation of new theories for consideration in connection with the land's value. The presentation of the witness was without previous notice to the landowners, who claimed unpreparedness to cross-examine him, and was in violation of a pretrial order. The trial judge finally realized that the witness was ranging far beyond the...

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