Bydlon v. United States

WHITAKER, Judge,

dissenting in part and concurring in part, in which District Judge ALBERT Y. BRYAN (sitting by designation) joins:

The per curiam opinion of the majority adopts the opinion of the Trial Commissioner with certain modifications. That opinion determines the right to compensation of the plaintiffs who owned resorts within the area upon whether or not they had a way of necessity through *892the air space over the Superior National Forest in order to reach their properties. The Commissioner concluded that plaintiffs Zupancich and Skala did have such a way of necessity, but that…