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EMPIE v. UNITED STATES

No. 4990.

131 F.2d 481 (1942)

EMPIE et ux. v. UNITED STATES et al.

Circuit Court of Appeals, Fourth Circuit.

November 12, 1942.

Attorney(s) appearing for the Case

H. Edmund Rodgers, of Wilmington, N. C., for appellants.

J. A. McNorton, of Wilmington, N. C., for appellees.

Before SOPER, DOBIE, and NORTHCOTT, Circuit Judges.

SOPER, Circuit Judge.

The controversy in this case relates to the compensation for lands along the Cape Fear River in North Carolina flooded by the United States in connection with the erection and maintenance of a dam near Kelly, North Carolina, under the Act of Congress of April 24, 1888, Ch. 194, 25 Stat. 94, 33 U.S.C.A. § 591, and the Act of August 1, 1888, Ch. 728, 25 Stat. 357, 40 U.S.C.A. §§ 257, 258. A survey of the lands was made in the year...

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