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POTOMAC ELECTRIC POWER COMPANY v. FUGATE

Civ. A. Nos. 4996, 4997.

341 F.Supp. 887 (1972)

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.

Decided April 10, 1972.

Attorney(s) appearing for the Case

Angus H. Macaulay, Richmond, Va. (Mays, Valentine, Davenport & Moore, Richmond, Va., on brief), and John S. Stump, Alexandria, Va. (Boothe, Prichard & Dudley, Alexandria, Va., on brief), for plaintiffs.

Anthony F. Troy and Stuart H. Dunn, Asst. Attys. Gen. of Va. (Andrew P. Miller, Atty. Gen. of Virginia), on brief for defendant.

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

BUTZNER, Circuit Judge:

Potomac Electric Power Company and Washington Gas Light Company brought this action against the Virginia State Highway Commissioner to obtain a declaration that they are entitled to reimbursement for the non-betterment costs of utility relocations1 caused by the construction of interstate highways in Arlington County, Virginia and for injunctive relief. We hold that the commissioner's refusal to reimburse the utilities...

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