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MORTON BUTLER TIMBER CO. v. UNITED STATES

No. 7492.

91 F.2d 884 (1937)

MORTON BUTLER TIMBER CO. et al. v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

June 28, 1937.

Attorney(s) appearing for the Case

R. R. Kramer and D. C. Webb, both of Knoxville, Tenn. (Barthell & Rundall, of Chicago, Ill., and Green, Webb, Bass & McCampbell, and Poore, Kramer & Testerman, all of Knoxville, Tenn., on the brief), for appellants.

R. S. Boyd, of Washington, D. C., and J. W. Cooper, of Knoxville, Tenn. (Frank Chambers, of Washington, D. C., James B. Frazier, Jr., and Robert T. Kennerly, both of Knoxville, Tenn., and J. Gordon McKenzie, of Dayton, Tenn., on the brief), for the United States.

Before SIMONS and ALLEN, Circuit Judges, and MARTIN, District Judge.

MARTIN, District Judge.

The General Assembly of Tennessee, by chapter 54 of the Acts of 1927 and chapter 99 of the Acts of 1929, granted the United States of America the necessary consent to acquire lands, pursuant to Act of Congress of May 22, 1926 (as amended U.S. C., title 16, § 403 et seq. [16 U.S.C.A. § 403 et seq.]), establishing the Great Smoky Mountains National Park. In an appropriate proceeding, large tracts of land owned by appellants in Blount...

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