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TENNESSEE ELECTRIC POWER CO. v. WHITE COUNTY

Nos. 5733, 5734.

52 F.2d 1065 (1931)

TENNESSEE ELECTRIC POWER CO. v. WHITE COUNTY. SAME v. VAN BUREN COUNTY.

Circuit Court of Appeals, Sixth Circuit.

October 9, 1931.

Attorney(s) appearing for the Case

Frank Spurlock, of Chattanooga, Tenn. (L.N. Spears and Brown & Spurlock, all of Chattanooga, Tenn., on the brief), for Tennessee Electric Co.

Joe V. Williams, of Chattanooga, Tenn. (L. D. Smith, of Nashville, Tenn., and James M. Brady, of Spencer, Tenn., on the brief), for the counties.

Before MOORMAN and HICKENLOOPER, Circuit Judges, and WEST, District Judge.

MOORMAN, Circuit Judge.

In 1916, the Tennessee Power Company petitioned White and Van Buren counties, the appellees, for permission to erect a dam to a height of forty feet above low-water mark in Caney Fork river, the dividing line between the two counties. As the erection and maintenance of the dam would cause the waters in the river and its tributaries to flood certain bridges and fords which the counties maintained, the power company proposed to erect and maintain...

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