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UNITED STATES v. APPALACHIAN ELECTRIC POWER CO.

No. 8.

23 F.Supp. 83 (1938)

UNITED STATES v. APPALACHIAN ELECTRIC POWER CO.

District Court, W. D. Virginia, at Roanoke.

April 22, 1938.

Attorney(s) appearing for the Case

Harry W. Blair, Asst. Atty. Gen., Huston Thompson, John W. Aiken, Wayne C. Williams, and Allan D. Jones, Sp. Assts. to Atty. Gen., John A. Skiles, of Washington, D. C., and L. A. Gellis, Sp. Attys., Oswald Ryan, Gen. Counsel, Federal Power Commission, and Willard W. Gatchell, Atty., Federal Power Commission, both of Washington, D. C., Joseph H. Chitwood, U. S. Dist. Atty., of Roanoke, Va., and Charles M. Goetz, of Washington, D. C., for plaintiff.

Newton D. Baker and Raymond T. Jackson, both of Cleveland, Ohio, M. F. Millikan, A. Henry Mosle, Creswell M. Micou, Fraser M. Horn, and Wendell W. Forbes, all of New York City, John S. Draper, of Pulaski, Va., and John L. Abbot, of Lynchburg, Va., for defendant.

Abram P. Staples, Atty. Gen., for the State of Virginia.

Homer A. Holt, Atty. Gen., for the State of West Virginia.

PAUL, District Judge.

The cause of action set out in the bill of complaint, stated briefly and in substance, is as follows: That the defendant, a Virginia corporation engaged in the business of producing, distributing, and selling electric power, has begun and is continuing the construction of a dam across the New river near Radford in Pulaski county, Va., for the purpose of impounding the waters of that river and utilizing the same for generating electric power;...

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