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AUGUSTA POWER COMPANY v. UNITED STATES

No. 18150.

278 F.2d 1 (1960)

AUGUSTA POWER COMPANY, Appellant-Appellee, v. UNITED STATES of America, Appellee-Appellant. UNITED STATES of America, Appellee-Appellant, v. AUGUSTA POWER COMPANY, Appellant-Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 30, 1960.

Attorney(s) appearing for the Case

C. A. Mays, Marshall T. Mays, Greenwood, S. C., for appellant.

Harold S. Harrison, Roger P. Marquis, S. Billingsley Hill, Attys., Dept. of Justice, Washington, D. C., Perry W. Morton, Asst. Atty. Gen., W. Reeves Lewis, Asst. U. S. Atty., Savannah, Ga., William C. Calhoun, U. S. Atty., Augusta, Ga., for appellee.

Before RIVES, Chief Judge, and CAMERON and WISDOM, Circuit Judges.

RIVES, Chief Judge.

In view of United States v. Chandler-Dunbar Water Power Co., 1913, 229 U.S. 53, 33 S.Ct. 667, 57 L.Ed. 1063, and United States v. Twin City Power Co., 1956, 350 U.S. 222, 76 S.Ct. 259, 100 L. Ed. 240, forbidding an award against the United States in eminent domain proceedings for hydroelectric power value in an interstate navigable stream, the main problem is to discover the basis...

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