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UNITED STATES v. 43.7 ACRES OF LAND

No. 1470.

43 F.Supp. 347 (1942)

UNITED STATES v. 43.7 ACRES OF LAND IN GARRETT COUNTY, MD., et al.

District Court, D. Maryland.

January 24, 1942.

Attorney(s) appearing for the Case

Bernard J. Flynn, U. S. Atty., and C. Ross McKenrick, Asst. U. S. Atty., both of Baltimore, Md., and Elliott W. Finkel, Sp. Asst. U. S. Atty., of Pittsburgh, Pa., for the United States.

Joseph Sherbow, of Baltimore, Md., for Public Service Comm. of Maryland.

Miles & O'Brien, Clarence W. Miles, Seymour O'Brien, and Benjamin C. Howard, all of Baltimore, Md., for McCullough Coal Corporation.

COLEMAN, District Judge.

The question presented is whether the Government, in the present condemnation proceedings, brought under the Act of Congress approved July 18, 1918, Title 33 U.S.C.A. § 594, as made applicable to Flood Control by the Act of Congress approved August 18, 1941, Public No. 228, Ch. 377, 77th Cong., 1st Sess., § 6, 33 U.S.C.A. § 701c — 2, is entitled to immediate possession of some 43 acres of land in Garrett County, Maryland...

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