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UNITED STATES v. WEST VIRGINIA POWER CO.

No. 4164.

91 F.2d 611 (1937)

UNITED STATES v. WEST VIRGINIA POWER CO.

Circuit Court of Appeals, Fourth Circuit.

August 6, 1937.

Attorney(s) appearing for the Case

Warren E. Magee, Sp. Atty., Department of Justice, of Washington, D. C., and Allan D. Jones, Sp. Asst. to Atty. Gen. (H. L. Snyder, Sp. Asst. U. S. Atty., of Charleston, W. Va., and James E. Reid, Sp. Atty., Department of Justice, of Washington, D. C., on the brief), for appellant.

Jesse Knight, of New York City, and Newton D. Baker, of Cleveland, Ohio (Raymond T. Jackson, of Cleveland, Ohio, M. F. Millikan, of New York City, and Campbell, McClintic & James, of Charleston, W. Va., on the brief), for appellee.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

NORTHCOTT, Circuit Judge.

This is an appeal from an order of the District Court of the United States for the Southern District of West Virginia, sustaining the demurrer of the West Virginia Power Company and dismissing the petition of the United States of America for the condemnation of certain lands in Summers county, state of West Virginia, for use in the Bluestone Reservoir Project, involving the construction of a dam and reservoir alleged to be for flood control...

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