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BURDINE v. SOUTHERN PUBLIC UTILITIES CO.

No. 2414.

11 F.2d 29 (1926)

BURDINE et al. v. SOUTHERN PUBLIC UTILITIES CO.

Circuit Court of Appeals, Fourth Circuit.

January 12, 1926.

Attorney(s) appearing for the Case

B. F. Martin, of Greenville, S. C. (Martin & Blythe, of Greenville, S. C., on the brief), for plaintiffs in error.

C. F. Haynsworth, of Greenville, S. C. (H. J. Haynsworth, of Greenville, S. C., on the brief), for defendant in error.

Before WADDILL, ROSE, and PARKER, Circuit Judges.

PARKER, Circuit Judge.

This was an action instituted by the heirs at law of Carrie Burdine as owners of a one-third undivided interest in a tract of land in Greenville county, South Carolina, to recover permanent damages for the ponding of water over a portion of said tract by a dam of the defendant, Southern Utilities Company. The dam of defendant was built in 1905, at which time A. M. Burdine, the father of plaintiffs, was the owner of a two-thirds undivided interest...

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