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SIMMONS v. UNITED STATES

No. 2320.

32 F.Supp. 302 (1940)

SIMMONS v. UNITED STATES.

District Court, W. D. Kentucky, at Louisville.

April 1, 1940.

Attorney(s) appearing for the Case

Claude Hudgins, of Louisville, Ky., for plaintiff.

James Garnett, Jr., Asst. U. S. Atty., of Louisville, Ky., for defendant.

MILLER, District Judge.

Plaintiff seeks to recover the value of his land alleged by him to have been taken by the United States by reason of its being flooded as a consequence of the construction by the United States of Dam No. 43 across the Ohio River below West Point, Ky. Plaintiff's land is on Salt River which empties into the Ohio River at West Point, Ky. The action was tried without a jury. At the close of the plaintiff's evidence the Government made a motion...

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