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UNITED STATES v. 2979.72 ACRES OF LAND, ETC.

No. 6839.

235 F.2d 327 (1956)

UNITED STATES of America, Appellant, v. 2979.72 ACRES OF LAND, MORE OR LESS, IN HALIFAX COUNTY, VIRGINIA, Olive Vaughan Williams et al., and unknown owners, Appellees.

United States Court of Appeals Fourth Circuit.

Decided July 31, 1956.

Rehearing Denied September 11, 1956.

Attorney(s) appearing for the Case

Harold S. Harrison, Attorney, Department of Justice, Washington, D. C. (Perry W. Morton, Asst. Atty. Gen., John Strickler, U. S. Atty., Roanoke, Va., and Roger P. Marquis, Attorney, Department of Justice, Washington, D. C., on the brief), for appellant.

Ralph H. Ferrell, Jr., Richmond, Va. (T. Justin Moore, Francis V. Lowden, Jr., and Hunton, Williams, Gay, Moore & Powell, Richmond, Va., on brief), for appellees.

Before PARKER, Chief Judge, SOPER, Circuit Judge, and BRYAN, District Judge.

Rehearing Denied September 11, 1956. See 237 F.2d 165.

PARKER, Chief Judge.

This is the second hearing of an appeal by the United States in condemnation proceedings had in connection with the John H. Kerr Dam and Reservoir, a flood control project on the Roanoke River in Virginia and North Carolina. The Virginia Electric and Power Company was the owner of a flowage easement over 1540 acres of land belonging to Mrs. Olive Vaughan...

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