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MILLER v. UNITED STATES

No. 8308.

137 F.2d 592 (1943)

MILLER v. UNITED STATES.

Circuit Court of Appeals, Third Circuit.

Decided August 13, 1943.

Attorney(s) appearing for the Case

Harvey A. Miller, of Pittsburgh, Pa. (Miller & Nesbitt, of Pittsburgh, Pa., on the brief), for appellant.

Vernon L. Wilkinson, of Washington, D. C. (Norman M. Littell, Asst. Atty. Gen., and Charles F. Uhl, U. S. Atty., of Pittsburgh, Pa., on the brief), for respondent.

Before MARIS, JONES, and DOBIE, Circuit Judges.

DOBIE, Circuit Judge.

On August 10, 1939, the United States instituted condemnation proceedings to acquire certain lands of Samuel W. Miller, Surviving Executor and Trustee of the Estate of Wilbur P. Graff, Deceased, plaintiff, in Westmoreland County, Pennsylvania, for the purpose of constructing the Loyalhanna Flood Control Creek Dam and Reservoir. Plaintiff owned a tract of 3,576.72 acres of coal land in Westmoreland County, of which the United States in its condemnation...

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