Gadsden v. Fripp

HAYNSWORTH, Circuit Judge:

The plaintiff in this diversity action sought the recovery of expense to which he had been put as a result of an abandoned attempt to condemn real estate he owned in South Carolina, a cause of action for which there is specific statutory *547provision. Additionally, he alleged a continuing trespass upon his land by the defendants, officials of Colleton County, South Carolina.

The plaintiff filed a motion for summary judgment respecting his claim for recovery of expenses and damages arising out of the condemnation proceeding, and, at the same time, indicated that he wanted…