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PROUTY v. CITIZENS UTILITIES COMPANY

No. 310, Docket 27970.

321 F.2d 34 (1963)

Charles T. PROUTY, Genevieve Prouty Gage, John A. Prouty, Elsinor Prouty Mallory, and The Third National Bank and Trust Company, Plaintiffs-Appellees, v. CITIZENS UTILITIES COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided June 24, 1963.

Attorney(s) appearing for the Case

Milton S. Gould, New York City (Gallop, Climenko & Gould, New York City, and Clifton G. Parker, Morrisville, Vt., on the brief), for defendant-appellant.

Arthur L. Graves, St. Johnsbury, Vt., for appellees John A. Prouty and Elsinor Prouty Mallory.

Edwin W. Lawrence, Rutland, Vt., for appellees Charles T. Prouty, Genevieve Prouty Gage, and the Third Nat. Bank & Trust Co.

Kenneth P. Akey, Burlington, Vt., for appellee Elsinor Prouty Mallory.

Before CLARK, SMITH and HAYS, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge.

The four plaintiffs are the heirs of Abbie D. Prouty who executed a lease of certain property to the Newport Electric Light Company, predecessor of the present defendant, in 1930. The leasehold was land on both sides of the Clyde River, a stream in northern Vermont. Most of the fall of that river, from its source to mouth, is concentrated on plaintiffs' property. At present, the Citizens Utilities Company has erected and is maintaining...

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