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UNITED STATES v. POWELSON

No. 4679.

118 F.2d 79 (1941)

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

Circuit Court of Appeals, Fourth Circuit.

March 10, 1941.

Attorney(s) appearing for the Case

William C. Fitts, Jr., of Knoxville, Tenn., Gen. Counsel, Tennessee Valley Authority (Joseph C. Swidler, S. Frank Fowler, and Charles J. McCarthy, all of Knoxville, Tenn., Attys., Tennessee Valley Authority; L. B. Bolt, Philander P. Claxton, and Robert H. Marquis, all of Washington, D. C., on the brief), for appellant and cross-appellee.

Isidor J. Kresel, of New York City (G. L. Jones, of Asheville, N. C., on the brief), for appellee and cross-appellant.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

PARKER, Circuit Judge.

This is an appeal and a cross-appeal from a judgment awarding damages in a condemnation suit instituted, under Sec. 25 of the Tennessee Valley Authority Act of May 18, 1933, 48 Stat. 58, 70, 16 U.S.C.A. § 831x, by petition of the United States on the relation of the Tennessee Valley Authority. The purpose of the suit was to condemn lands required for the construction of the Hiawassee Dam and Reservoir on the Hiawassee River in Western North...

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