US SUPREME COURT DECISIONS

The right to a jury trial afforded by Fed.Rule Civ.Proc. 71A(h) in a federal eminent domain proceeding on the issue of just compensation, does not extend to the question whether the condemned "lands were probably within the scope of the project from the time the Government was committed to it" (either by the original plans or during the course of planning or original construction), and that question is for the trial judge to decide. Pp. 397 U. S. 15-21.

404 F.2d 303, vacated and remanded.