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NATIONAL R.R. PASSENGER v. CERTAIN TEMP. EASEMENTS

Nos. 03-1248, 03-1249.

357 F.3d 36 (2004)

NATIONAL RAILROAD PASSENGER CORPORATION, Plaintiff, Appellant, v. CERTAIN TEMPORARY EASEMENTS ABOVE THE RAILROAD RIGHT OF WAY IN PROVIDENCE, RHODE ISLAND; Capital Properties, Inc., Defendants, Appellees. National Railroad Passenger Corporation, Plaintiff, Appellant, v. Certain Permanent Easements Above The Railroad Right of Way and 26,859 Square Feet, Both In Providence, Rhode Island; Capital Properties, Inc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided January 28, 2004.

Attorney(s) appearing for the Case

Eric W. Wodlinger, with whom Johanna W. Schneider and Choate, Hall & Stewart, were on brief for appellant.

Gerald J. Petros, with whom Charles D. Blackman and Hinckley Allen & Snyder, were on brief for appellees.

Before BOUDIN, Chief Circuit Judge, SELYA, Circuit Judge, and STAHL, Senior Circuit Judge.

STAHL, Senior Circuit Judge.

Plaintiff-appellant National Railroad Passenger Corporation (Amtrak) appeals from just compensation awards by the district court in connection with the condemnation of two parcels of land in Providence, Rhode Island formerly owned by defendant-appellee Capital Properties, Inc. (CPI). In addition to challenging the monetary awards, Amtrak contends that the district court erred by allowing CPI to call Amtrak's retained expert appraiser and...

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