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POTOMAC ELEC. POWER CO. v. FUGATE

Nos. 76-2068, 77-1481.

574 F.2d 1163 (1978)

POTOMAC ELECTRIC POWER COMPANY, a District of Columbia and Virginia Corporation, and Washington Gas Light Company, a Virginia Corporation, Appellees, v. Douglas B. FUGATE, State Highway Commissioner of Virginia, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 30, 1978.

Attorney(s) appearing for the Case

Anthony F. Troy, Atty. Gen., Richmond, Va. (Walter A. McFarlane, Deputy Atty. Gen., John S. Morris, III, Asst. Atty Gen., Richmond, Va., on brief), for appellant.

John S. Stump, Alexandria, Va. (Boothe, Prichard & Dudley, Alexandria, Va., Angus H. Macaulay, Mays, Valentine, Davenport & Moore, Richmond, Va., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, and WIDENER and HALL, Circuit Judges.

WIDENER, Circuit Judge:

The State Highway Commissioner of Virginia appeals from an order requiring the Commonwealth to compensate Potomac Electric Power Company and Washington Gas Light Company (utilities) for relocating certain facilities located in Arlington County, Virginia, the relocation of which was occasioned by Interstate Highway construction. He also appeals from a denial of relief under FRCP 60(b).

The case has a lengthy judicial history in State...

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