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UNITED STATES v. 97.19 ACRES OF LAND, MORE OR LESS

No. 76-2030.

582 F.2d 878 (1978)

UNITED STATES of America, Appellee, v. 97.19 ACRES OF LAND, MORE OR LESS, located IN MONTGOMERY, WASHINGTON AND ALLEGHANY COUNTIES, MARYLAND, Hollis E. Hopkins, et al., and unknown owners, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided September 19, 1978.

Attorney(s) appearing for the Case

Rex L. Sturm, Rockville, Md. (Brown & Sturm, Rockville, Md., on brief), for appellant.

Eva R. Datz, Atty., Dept., of Justice, Washington, D. C. (Peter R. Taft, Asst. Atty. Gen., Frank S. Craig, III, H. David Barr, Edmund B. Clark and Jacques B. Gelin, Attys., Dept. of Justice, Washington, D. C., on brief), for appellee.

Before RUSSELL, Circuit Judge, FIELD, Senior Circuit Judge, and WIDENER, Circuit Judge.

WIDENER, Circuit Judge:

This is an appeal from the award of damages in a condemnation suit. As we are of opinion the district court erred in the evidence it did not permit the jury to consider in ascertaining the award attributable to the taking, we vacate and remand for a new trial.

The land in question is a 6.16 acre tract of a 151.86 acre farm located in Montgomery County, Maryland and is being condemned by the...

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