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LACY v. UNITED STATES

No. 14869.

216 F.2d 223 (1954)

Leonard C. LACY, Appellant, v. UNITED STATES of America, upon the relation and for the Use of the TENNESSEE VALLEY AUTHORITY, Appellee.

United States Court of Appeals Fifth Circuit.

November 4, 1954.

Attorney(s) appearing for the Case

Erle Pettus and Erle Pettus, Jr., Birmingham, Ala., Jackson, Rives, Pettus & Peterson, Birmingham, Ala., of counsel, for appellant.

Charles J. McCarthy, Sol. Tenn. Valley Auth., Joseph C. Swidler, General Counsel, Knoxville, Tenn., R. Lynn Seeber, Knoxville, Tenn., for appellee.

Before BORAH, RIVES and TUTTLE, Circuit Judges.

RIVES, Circuit Judge.

This appeal is from a summary judgment entered pursuant to the District Court's opinion reported in 116 F.Supp. 15. The summary judgment required appellant to remove certain structures placed by him under or in close proximity to a transmission line constructed and maintained across his property by the Tennessee Valley Authority (hereinafter called TVA), as agent for the Government, and enjoined their further...

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