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CALHOUN v. KENTUCKY-WEST VIRGINIA GAS CO.

Nos. 10537-10539.

166 F.2d 530 (1948)

CALHOUN et al. v. KENTUCKY-WEST VIRGINIA GAS CO. KEEN et al. v. SAME. SWORD et al. v. SAME.

Circuit Court of Appeals, Sixth Circuit.

March 15, 1948.

Attorney(s) appearing for the Case

Jean L. Auxier, of Pikeville, Ky. (Jean L. Auxier and William J. Baird, both of Pikeville, Ky., on the brief), for appellants.

John L. Smith, of Catlettsburg, Ky. (John L. Smith, of Catlettsburg, Ky., and Joseph D. Harkins, of Prestonsburg, Ky., on the brief; Joseph D. Harkins, Jr. and Walter S. Harkins III, both of Prestonsburg, Ky., of counsel), for appellee.

Before SIMONS, McALLISTER and MILLER, Circuit Judges.

SIMONS, Circuit Judge.

The appellants all live in the vicinity of a large pumping plant at Dwale, in Floyd County, Kentucky, operated by the appellee. The plant was put into operation in November, 1941, furnishes the motive power for a long-distance pipe line transporting natural gas and contains heavier and more powerful machinery than has ever been before the subject of litigation in Kentucky. The Calhouns acquired their property before the plant was constructed...

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