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COUNTY OF PATRICK, VA. v. UNITED STATES

No. 78-1215.

596 F.2d 1186 (1979)

The COUNTY OF PATRICK, VIRGINIA, Groundhog Mountain Property Owners, Inc., C. I. Mortgage Group, a Massachusetts Real Estate Investment Trust, Mutual Savings and Loan of Virginia, Doe Run Lodge Properties, and Doe Run at Groundhog Mountain, Inc., Appellants, v. UNITED STATES of America, IBLM, Director, National Park Service, Joe Brown, Regional Superintendent, National Park Service, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 20, 1979.

Attorney(s) appearing for the Case

Robert W. Mann, Martinsville, Va. (Young, Kiser, Haskins, Mann, Gregory & Young, Ltd., Martinsville, Va., on brief), for appellants.

E. Montgomery Tucker, Asst. U. S. Atty., Roanoke, Va. (Paul R. Thomson, Jr., U. S. Atty., Roanoke, Va., on brief), for appellees.

Before WIDENER and HALL, Circuit Judges, and HOFFMAN, District Judge.

WIDENER, Circuit Judge:

Alleging wrongful interference by the United States with their use and enjoyment of an appurtenant easement, the County of Patrick and certain property owners, including mortgage holders, along the Blue Ridge Parkway near Station 1275 (appellants) brought an action to quiet title, pursuant to 28 U.S.C. § 2409a, in the United States District Court for the Western District of Virginia. County of Patrick, Va. v. United States,

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