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UNITED STATES v. DICKINSON

Nos. 5419, 5420.

152 F.2d 865 (1946)

UNITED STATES v. DICKINSON. SAME v. WITHROW.

Circuit Court of Appeals, Fourth Circuit.

January 4, 1946.

Attorney(s) appearing for the Case

Roger P. Marquis, Atty., Department of Justice, of Washington, D. C. (J. Edward Williams, Acting Head, Lands Division, Department of Justice, of Washington, D. C., and Leslie E. Given, U. S. Atty., of Charleston, W. Va., on the brief), for appellant.

Ernest K. James, of Charleston, W. Va., for appellees.

Before SOPER, Circuit Judge, and COLEMAN and BARKSDALE, District Judges.

SOPER, Circuit Judge.

These appeals were taken by the United States from judgments against it in two suits brought by landowners under the Tucker Act, 28 U.S.C.A. § 41 (20), to recover compensation for the taking of their lands and for the erosion and intermittent flooding thereof caused by raising the water level of the Kanawha River in South Charleston, West Virginia, by the erection and operation of the Winfield Lock and Dam.

Dickinson's land consisted...

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