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STEPHENSON BRICK CO. v. UNITED STATES

No. 9302.

110 F.2d 360 (1940)

STEPHENSON BRICK CO. v. UNITED STATES ex rel. and for Use of TENNESSEE VALLEY AUTHORITY. UNITED STATES ex rel. and for Use of TENNESSEE VALLEY AUTHORITY v. STEPHENSON BRICK CO.

Circuit Court of Appeals, Fifth Circuit.

March 15, 1940.

Attorney(s) appearing for the Case

J. T. Stokely, of Birmingham, Ala., for appellant and cross-appellee Stephenson Brick Co.

William C. Fitts, Jr., General Counsel, Tennessee Valley Authority, of Knoxville, Tenn., and H. James Hitching, Asst. General Counsel, Tennessee Valley Authority, of Chattanooga, Tenn., for appellee and cross-appellant.

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.

PER CURIAM.

This is a proceeding by the United States to condemn land of Stephenson Brick Company lying along the south bank of the Tennessee River at Decatur, Alabama, under the Act of May 18, 1933, Sect. 25, 48 Stat. 70, 16 U.S.C.A. § 831x. Commissioners took evidence and fixed a sum to be paid for the property taken. Their finding was appealed to three district judges who fixed a sum of $97,500. This judgment has been appealed by both parties to this court...

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