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UNITED STATES v. 531.13 ACRES OF LAND, ETC.

Nos. 10421, 10422.

366 F.2d 915 (1966)

UNITED STATES of America, Appellant, v. 531.13 ACRES OF LAND, MORE OR LESS, Situated IN OCONEE COUNTY, STATE OF SOUTH CAROLINA, and J. P. Stevens and Company, Inc., et al., Appellees. UNITED STATES of America, Appellant, v. 531.10 ACRES IN ANDERSON COUNTY, SOUTH CAROLINA, and Duke Power Company, and Unknown Owners, Appellees.

United States Court of Appeals Fourth Circuit.

Decided September 21, 1966.

Attorney(s) appearing for the Case

Edmund B. Clark, Atty., Dept. of Justice (Edwin L. Weisl, Jr., Asst. Atty. Gen., Roger P. Marquis and Howard O. Sigmond, Attys., Dept. of Justice, and John C. Williams, U. S. Atty., and Robert O. DuPre, Asst. U. S. Atty., on the brief), for appellant.

David L. Freeman, Greenville, S. C., Wm. I. Ward, Jr., Charlotte, N. C., and William L. Watkins, Anderson, S. C. (Carl Horn, Jr., Gen. Counsel, Duke Power Company, Charlotte, N. C., on the brief), for appellees.

Before SOBELOFF, BOREMAN and BRYAN, Circuit Judges.

ALBERT V. BRYAN, Circuit Judge:

These two eminent domain cases arise out of the establishment by the United States of the Hartwell Dam and Reservoir Project,1 a flood control venture on the Savannah River, the South Carolina-Georgia boundary. In each, claim was made for just compensation for "rights" extinguished by the waters impounded by the Dam. In No. 10,421, the claimant is J. P. Stevens & Company, Inc.; in No. 10,422 the Duke...

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