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DUKE POWER CO. v. TOMS

No. 4743.

118 F.2d 443 (1941)

DUKE POWER CO. v. TOMS et al.

Circuit Court of Appeals, Fourth Circuit.

March 10, 1941.

Attorney(s) appearing for the Case

W. S. O'B. Robinson, Jr., of Charlotte, N. C. (W. B. McGuire, Jr., of Charlotte, N. C., on the brief), for appellant.

Thomas H. Franks, of Hendersonville, N. C., and Thomas L. Johnson, of Asheville, N. C. (T. A. Uzzell, Jr., of Asheville, N. C., on the brief), for appellees.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

PARKER, Circuit Judge.

This is an appeal in an action filed in a North Carolina state court under Sec. 1743 of the North Carolina Code to quiet title to land, and removed by defendant into the court below. Plaintiffs alleged that they were the owners of a five-sixths interest in the minerals in a 100 acre tract of land described in the complaint, that defendant denied their right to the minerals and that defendant had flooded a large portion of the land with the result...

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