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STATE OF ALABAMA v. UNITED STATES

No. J-607.

38 F.2d 897 (1930)

STATE OF ALABAMA v. UNITED STATES.

Court of Claims.

March 12, 1930.

Attorney(s) appearing for the Case

Thomas E. Knight, of Selma, Ala., and A. A. Evans, of Montgomery, Ala. (C. C. McCall, of Montgomery, Ala., on the brief), for State of Alabama.

G. H. Foster, of Washington, D. C., and Herman J. Galloway, Asst. Atty. Gen., for the United States.

Before BOOTH, Chief Justice, and GRAHAM, WILLIAMS, LITTLETON, and GREEN, Judges.

GRAHAM, Judge.

This case came up on demurrer to the petition. It presents the following admitted facts: Congress, by section 1241 of the National Defense Act, 39 Stat. 166, 215 (50 USCA § 79), authorized the construction of "dams, * * * power houses, and other plants * * * for the generation of electrical or other power," admittedly in the exercise of its constitutional power. As an incident to the completion of the dam there was...

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