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UNITED STATES v. SMOOT SAND & GRAVEL CORPORATION

No. 7387.

248 F.2d 822 (1957)

UNITED STATES of America, Appellant and Cross-Appellee, v. SMOOT SAND and GRAVEL CORPORATION, Appellee and Cross-Appellant.

United States Court of Appeals Fourth Circuit.

Reargued October 8, 1957.

Decided October 17, 1957.

Attorney(s) appearing for the Case

S. Billingsley Hill, Attorney, Department of Justice, Washington, D. C. (Perry W. Morton, Asst. Atty. Gen., Lester S. Parsons, Jr., U. S. Atty., Norfolk, Va., and Roger P. Marquis, Attorney, Department of Justice, Washington, D. C., on brief), for appellant and cross-appellee.

Howard W. Smith, Jr., Alexandria, Va., for appellee and cross-appellant.

Joseph S. Kaufman, Asst. Atty. Gen., of Maryland (C. Ferdinand Sybert, Atty. Gen. of Maryland, on brief), for the Attorney General of Maryland amicus curiae.

Before PARKER, Chief Judge, and SOPER and SOBELOFF, Circuit Judges.

SOBELOFF, Circuit Judge.

The United States appeals from a judgment entered against it in the District Court for the Eastern District of Virginia in a condemnation proceeding which it instituted to acquire approximately two hundred and fifty acres of land for the Army with a view to establishing thereon a radio transmitter station. The owner cross-appeals.

The tract, belonging to Smoot Sand and Gravel Corporation, is located in Prince William County, Virginia...

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