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UNITED STATES v. HARRIS

No. 9474.

115 F.2d 343 (1940)

UNITED STATES ex rel. and for Use of TENNESSEE VALLEY AUTHORITY v. HARRIS et al.

Circuit Court of Appeals, Fifth Circuit.

November 5, 1940.

Attorney(s) appearing for the Case

Williams C. Fitts, Jr., Gen. Counsel, Tenn. Valley Authority, of Knoxville, Tenn., and H. James Hitching, Asst. Gen. Counsel, Tenn. Valley Authority, of Chattanooga, Tenn., for appellant.

F. E. Throckmorton, of Tuscumbia, Ala., for appellees.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.

McCORD, Circuit Judge.

The United States of America owned a 42.9-acre tract of land in Colbert County, Alabama, subject only to certain outstanding mineral rights owned by John F. Harris, and others. Under the provisions of Section 25 of the Tennessee Valley Authority Act of 1933, 48 Stat. 58, 70, 16 U. S.C.A. § 831x, the government filed its petition to condemn the mineral rights in the tract. A commission appointed by the District Court made an award of $300...

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