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DUKE POWER CO. v. RUTLAND

No. 3179.

60 F.2d 194 (1932)

DUKE POWER CO. v. RUTLAND.

Circuit Court of Appeals, Fourth Circuit.

On Rehearing August 1, 1932.

Attorney(s) appearing for the Case

C. C. Wyche, of Spartanburg, S. C. (Donald Russell, of Spartanburg, S. C., on the brief), for appellant and cross-appellee.

Jesse W. Boyd, of Spartanburg, S. C. (Horace L. Bomar, of Spartanburg, S. C., on the brief), for appellee and cross-appellant.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

SOPER, Circuit Judge.

This action, originally instituted on February 12, 1930, in the court of common pleas for Spartanburg county, S. C., and subsequently removed to the United States District Court for the Western District of South Carolina, was brought by L. H. Rutland against the Duke Power Company to recover damages for the invasion of his property rights in a tract of land near the city limits of the town of Spartanburg, S. C., by the appropriation and use of...

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