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TALLASSEE POWER CO. v. CLARK

Nos. 6659, 7017.

77 F.2d 601 (1935)

TALLASSEE POWER CO. v. CLARK et al. CLARK et al. v. TALLASSEE POWER CO.

Circuit Court of Appeals, Sixth Circuit.

May 16, 1935.

Attorney(s) appearing for the Case

H. A. Goddard, of Maryville, Tenn., and R. R. Kramer, of Knoxville, Tenn. (M. H. Gamble, of Maryville, Tenn., Lindsay, Young & Atkins, of Knoxville, Tenn., and Gamble, Goddard & Gamble and Kramer & Kramer, all of Maryville, Tenn., on the brief), for Tallassee Power Co.

L. M. G. Baker, of Knoxville, Tenn. (T. W. Peace, of Madisonville, Tenn., on the brief), for Clarks.

Before MOORMAN, HICKS, and SIMONS, Circuit Judges.

SIMONS, Circuit Judge.

The suit below was originally instituted by the appellees in the state court, but was removed to the United States District Court when upon dismissal as against a resident defendant diversity of citizenship first appeared.

The plaintiffs sought damages for injury to farm lands on an island in the Little Tennessee river in Monroe county, Tenn., alleged to have been caused by the defendant's dams in North Carolina constructed in the river...

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