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W.M.A.T.A. v. PRECISION SMALL ENGINES

No. 99-1117.

227 F.3d 224 (2000)

WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Plaintiff-Appellee, v. PRECISION SMALL ENGINES; Gregory Hnarakis; Thomas Stokes, Parties in Interest-Appellants, and One Parcel of Land in Prince George's County, Maryland; Harry S. Kramer; Bernice J. Kramer; Unknown Owners; Washington Suburban Sanitary Commission, Defendants, Tamara Hnarakis; Dominion Bank Of Maryland, Parties in Interest.

United States Court of Appeals, Fourth Circuit.

Decided: June 19, 2000

Attorney(s) appearing for the Case

ARGUED: David Danny Freishtat, Shulman, Rogers, Gandal, Pordy & Ecker, P.A., Rockville, Maryland, for Appellants. Kathryn E. Kovacs, Appellate Section, Environment & Natural Resources Division, United States Department of Justice, Washington, D.C., for Appellee.

ON BRIEF: Lois J. Schiffer, Assistant Attorney General, David C. Shilton, David Lastra, Appellate Section, Environment & Natural Resources Division, United States Department of Justice, Washington, D.C., for Appellee.

Before LUTTIG and WILLIAMS, Circuit Judges, and LEE, United States District Judge for the Eastern District of Virginia, sitting by designation.

Affirmed by published per curiam opinion.

OPINION

PER CURIAM:

Precision Small Engines, Inc. ("Precision") appeals the district court's holding, in a one-day bench trial, that a disputed mezzanine constructed by Precision was, for "taking" purposes, a fixture, rightfully compensated to the owners of the property and not the tenant, Precision. The district court held that, at the time of the condemnation by...

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