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LYNN v. UNITED STATES

No. 9278.

110 F.2d 586 (1940)

LYNN v. UNITED STATES et al.

Circuit Court of Appeals, Fifth Circuit.

March 26, 1940.

Attorney(s) appearing for the Case

Paul Johnston and Gerry Cabaniss, both of Birmingham, Ala., for appellant.

William C. Fitts, Jr., General Counsel, Tennessee Valley Authority, of Knoxville, Tenn., Sidney J. Kaplan, Sp. Asst. to Atty. Gen., and Jim C. Smith, U. S. Atty., and W. R. Bradford, Asst. U. S. Atty., both of Birmingham, Ala., for appellees.

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.

SIBLEY, Circuit Judge.

The petition of appellant was brought against the United States expressly under the Tucker Act, 24 Stats. 505, as amended 43 Stats. 972, 28 U.S.C.A. § 41(20); and against Tennessee Valley Authority which under the Act of its creation, 48 Stats. 58, 16 U.S.C.A. § 831, et seq., may sue and be sued. She prayed a judgment against the United States for the fair value of lands and easements belonging to her taken through raising the waters...

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