UNITED STATES v. WEST VIRGINIA POWER CO.

No. 13.

33 F.Supp. 756 (1940)

UNITED STATES v. WEST VIRGINIA POWER CO. et al.

District Court, S. D. West Virginia, At Bluefield.

June 12, 1940.


Attorney(s) appearing for the Case

Lemuel R. Via, Dist. Atty., of Huntington, W. Va., Ralph J. Luttrell, of Charleston, W. Va., and John R. Dyer, of Webster Springs, W. Va., for petitioner.

Jesse Knight, of New York City, R. T. Jackson, of Cleveland, Ohio, and Ernest K. James, of Charleston, W. Va., for respondent West Virginia Power Co.

Joseph M. Sanders and Franklin K. Day, Jr., both of Bluefield, W. Va., for respondent Norfolk & Western Ry. Co.


McCLINTIC, District Judge.

This is a proceeding to condemn lands for the so-called "Bluestone Reservoir Project," which the Federal Government proposes to construct on the New River, a headwater tributary of the Kanawha. It was heard upon the identical demurrers of West Virginia Power Company and Norfolk & Western Railway Company to the petition of the Government seeking to take immediate possession of the land and...

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