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UNITED STATES v. SOUTHERN POWER CO.

No. 2764.

31 F.2d 852 (1929)

UNITED STATES v. SOUTHERN POWER CO.

Circuit Court of Appeals, Fourth Circuit.

April 9, 1929.

Attorney(s) appearing for the Case

H. H. Clarke, Asst. Sol., U. S. Department of Agriculture, of Washington, D. C., and Joseph A. Tolbert, U. S. Atty., of Greenville, S. C. (R. W. Williams, Sol., U. S. Department of Agriculture, of Washington, D. C., on the brief), for the United States.

W. S. O. 'B. Robinson, Jr., of Charlotte, N. C., and H. J. Haynsworth, of Greenville, S. C. (J. C. McGowan, of Charlotte, N. C., and C. F. Haynsworth, of Greenville, S. C., on the brief), for appellee.

Before PARKER and NORTHCOTT, Circuit Judges, and COLEMAN, District Judge.

PARKER, Circuit Judge (after stating the facts as above).

We think that the decree of the judge below denying the injunction was clearly right, and this for three reasons, viz.: (1) Because the right of way in question had been acquired by defendant, and had been marked out and defined and devoted to a public use prior to the institution of the condemnation proceedings, and the statutes under which the government proceeded did not authorize the condemnation of such...

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