WELCH v. TENNESSEE VALLEY AUTHORITY

Nos. 7972, 7973, No. 8001.

108 F.2d 95 (1939)

WELCH et ux. v. TENNESSEE VALLEY AUTHORITY (two cases). LEWIS et al. v. SAME.

Circuit Court of Appeals, Sixth Circuit.

December 12, 1939.


Attorney(s) appearing for the Case

S. E. Hodges and R. R. Kramer, both of Knoxville, Tenn. (C. K. Ellis, of Rutledge, Tenn., and Hobart Atkins, of Knoxville, Tenn., on the brief), for appellants Welch.

R. R. Kramer and J. V. Overton, both of Knoxville, Tenn. (Poore, Kramer & Cox, of Knoxville, Tenn., on the brief), for appellants Lewis and others.

William C. Fitts, Jr., of Knoxville, Tenn., and H. James Hitching, of Chattanooga, Tenn. (James Lawrence Fly, of Knoxville, Tenn., Herbert S. Marks, of Portland, Or., Alvin Ziegler, of Chattanooga, Tenn., Frank Montgomery, of Knoxville, Tenn., and Bessie Margolin and Philander Claxton, Jr., both of Washington, D. C., on the brief), for appellee.

Chas. I. Dawson and Woodward, Dawson & Hobson, all of Louisville, Ky., amici curiae.

Before ALLEN, HAMILTON and ARANT, Circuit Judges.


HAMILTON, Circuit Judge.

These three appeals are from awards rendered by a statutory three-judge Federal District Court in condemnation proceedings brought by the United States for the use and benefit of the Tennessee Vally Authority pursuant to Section 25 of the Act of its creation, 48 Stat. 58, 70, 16 U. S.C.A. § 831x. In Nos. 7972 and 7973, the appellants complain of the court's denial of their motions for a jury trial.

All of the appellants were owners...

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