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NITRO DEVELOPMENT CO. v. UNITED STATES

5 F.2d 99 (1925)

NITRO DEVELOPMENT CO. v. UNITED STATES.

District Court, S. D. West Virginia.

March 28, 1925.

Attorney(s) appearing for the Case

E. B. Dyer and H. D. Rummel, both of Charleston, W. Va., for plaintiff.

Elliott Northcott, U. S. Atty., of Huntington, W. Va., and B. J. Pettigrew, Asst. U. S. Atty., of Charleston, W. Va.

McCLINTIC, District Judge.

Plaintiff, a West Virginia corporation, brings this suit to recover from the defendant damages in the way of just compensation for the taking of its 245 acres of land at Nitro, Kanawha county, W. Va., in the year 1918.

The suit is one in assumpsit brought under the act passed by Congress, commonly known as the Lever Act (Comp. St. 1918, Comp. St. Ann. Supp. 1919, §§ 3115 1/8e-3115 1/8kk, 3115 1/8l-3115 1/8r). Defendant...

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