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POTOMAC ELECTRIC POWER COMPANY v. FUGATE

Civ. A. Nos. 4996, 4997.

275 F.Supp. 566 (1967)

POTOMAC ELECTRIC POWER COMPANY, a District of Columbia and a Virginia Corporation, Plaintiff, v. Douglas B. FUGATE, State Highway Commissioner of Virginia, Defendant. WASHINGTON GAS LIGHT COMPANY, a Virginia Corporation, Plaintiff, v. Douglas B. FUGATE, State Highway Commissioner of Virginia, Defendant.

United States District Court E. D. Virginia, Richmond Division.

October 16, 1967.

Attorney(s) appearing for the Case

Armistead L. Boothe and John S. Stump, Alexandria, Va. (Boothe, Dudley, Koontz, Blankingship & Stump, Alexandria, Va., and Mays, Valentine, Davenport & Moore, Richmond, Va., on brief), for plaintiffs.

Paul D. Stotts, Asst. Atty. Gen. of Virginia (Robert Y. Button, Atty. Gen. of Virginia, and Kelly E. Miller, Asst. Atty. Gen., on brief), for defendant.

Before BRYAN and BUTZNER, Circuit Judges, and LEWIS, District Judge.

BUTZNER, Circuit Judge.

The plaintiffs are public service corporations operating in Northern Virginia. The defendant, Highway Commissioner of Virginia, has instructed the plaintiffs to relocate at their expense certain utility lines to permit the construction of interstate highways in Arlington County, Virginia. The plaintiffs seek declaratory and injunctive relief that will require the state to pay with federal aid the non-betterment costs of relocation.

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