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STATE OF TENNESSEE v. UNITED STATES

Nos. 12657-12660.

256 F.2d 244 (1958)

STATE OF TENNESSEE, Appellant, v. UNITED STATES of America (Southern Bell Tel. & Tel. Co. and Sevier County, Tenn.), Appellees. UNITED STATES of America, Appellant, v. STATE OF TENNESSEE (Southern Bell Tel. & Tel. Co. and Sevier County, Tenn.), Appellees. SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, Appellant, v. UNITED STATES of America (State of Tenn. and Sevier County, Tenn.), Appellee. SEVIER COUNTY, TENNESSEE, Appellant, v. STATE OF TENNESSEE (United States and Southern Bell Tel. & Tel. Co.), Appellees.

United States Court of Appeals Sixth Circuit.

May 26, 1958.

Attorney(s) appearing for the Case

Richard L. Carson and O. M. Tate, Jr., Knoxville, Tenn., and James Glasgow, Nashville, Tenn. (Richard L. Carson [of Tapp, Carson, Tate & Felts], Knoxville, Tenn., George F. McCanless, Nashville, Tenn., Jack Wilson, Chattanooga, Tenn., and James M. Glasgow, Asst. Atty. Gen., on the brief), for the State of Tennessee.

Fred W. Smith, Dept. of Justice, Washington, D. C. (Perry W. Morton, Washington, D. C., John C. Crawford, John F. Dugger, Knoxville, Tenn., and Roger P. Marquis, John C. Harrington, Washington, D. C., on the brief), for the United States.

J. O. Bass, Nashville, Tenn. (Thomas G. McConnell [of Frantz, McConnell & Seymour], Knoxville, Tenn., J. O. Bass [of Bass, Berry & Sims], Nashville, Tenn., E. W. Smith, John A. Boykin, Jr., and Graham W. George, Atlanta, Ga., on the brief), for Southern Bell Tel. & Tel. Co.

R. R. Kramer, Knoxville, Tenn. (Andrew Johnson, Knoxville, Tenn., David M. Pack, Sevierville, Tenn., on the brief), for Sevier County, Tenn.

Before MARTIN and STEWART, Circuit Judges, and STARR, District Judge.

STARR, District Judge.

These four appeals were consolidated for hearing in this court, and for sake of brevity we shall refer to the United States of America as "the government," Southern Bell Telephone and Telegraph Company as "Southern Bell," the State of Tennessee as "the state," and Sevier county, Tennessee, as "the county."

The initial step in the litigation involved in these appeals was a civil action begun February 19, 1953, by the government at the...

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