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IN RE CONDEMNATION OF LOTS, ETC.

Condemnation No. 2969.

58 F.Supp. 832 (1945)

In re CONDEMNATION OF LOTS NOS. 2, 27, 803, ETC., IN SQUARE 3960.

District Court of the United States for the District of Columbia.

January 3, 1945.

Attorney(s) appearing for the Case

Austin L. Fickling and Leon A. Ransom, both of Washington, D. C., for James E. Roberts and Gladys S. Roberts (wife).

Oliver Metzrott and Wm. E. Carey, Jr., both of Washington, D. C., for Esther V. Dillard.

Thos. J. Jackson, of Washington, D. C., for Clarence E. Williams and Grace Williams.

Augustus W. Gray and Thurman L. Dodson, both of Washington, D. C., for Ruth E. Sample.

Philip W. Thomas and Thomas W. Parks, both of Washington, D. C., for Benj. F. Barkdall.

Rudolph H. Yeatman, of Washington, D. C., for Edw. J. McIllvane and Marie G. McIllvane.

McGUIRE, Associate Justice.

Motion denied.

Strictly speaking, the "motion to strike" interposed in these proceedings is in substance and effect a challenge to the array, and is treated as such.

"Motions to strike" do not apply in eminent domain proceedings. Rule 81, Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c.

A condemnation jury, so called, is a misnomer. It is an inquest or commission appointed by the...

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