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UNITED STATES v. WEST VIRGINIA POWER CO.

No. 4840.

122 F.2d 733 (1941)

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

Circuit Court of Appeals, Fourth Circuit.

Writ of Certiorari Denied November 10, 1941.

Attorney(s) appearing for the Case

Charles R. Denny, Jr., of Washington, D. C., Atty., Department of Justice, and Lemuel R. Via, U. S. Atty., of Huntington, W. Va. (Norman M. Littell, Asst. Atty. Gen., and Ralph J. Luttrell, of Washington, D. C., Atty., Department of Justice, on the brief), for appellant.

Raymond T. Jackson, of Cleveland, Ohio (Jesse Knight and J. P. Van de Voort, both of New York City, Ernest K. James, of Charleston, W. Va., and Joseph M. Sanders, of Bluefield, W. Va., on the brief), for appellees.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

Writ of Certiorari Denied November 10, 1941. See ___ U.S. ___, 62 S.Ct. 187, 86 L.Ed. ___.

PARKER, Circuit Judge.

This is an appeal from an order sustaining demurrers of the West Virginia Power Company and the Norfolk & Western Railway Company and dismissing the petition of the United States for the condemnation of lands for use in the Bluestone Reservoir Project, involving the construction of a dam and reservoir for flood control, river improvement, navigation...

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