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UNITED STATES v. AGEE

No. 15161.

322 F.2d 139 (1963)

UNITED STATES of America, Plaintiff-Appellee, v. Arison AGEE, etc., et al., Defendants-Appellants.

United States Court of Appeals Sixth Circuit.

August 30, 1963.

Attorney(s) appearing for the Case

Z. T. Osborn, Jr., Nashville, Tenn., for appellants, C. Allen High, Denney, Leftwich & Osborn, Nashville, Tenn., on the brief.

Elizabeth Dudley, Atty., Dept. of Justice, Washington, D. C., for appellee, Ramsey Clark, Asst. Atty. Gen., Kenneth Harwell, U. S. Atty., Nashville, Tenn., Roger P. Marquis, Atty., Dept. of Justice, Washington, D. C., on the brief.

Before CECIL, Chief Judge, and MILLER and PHILLIPS, Circuit Judges.

PHILLIPS, Circuit Judge.

This is an eminent domain proceeding involving the right of the United States to condemn certain land in Wilson County, Tennessee, selected by the Secretary of the Army for acquisition in connection with the Old Hickory Lock and Dam on the Cumberland River.

The tract in question was owned by Arison W. Agee, now deceased, who was non compos mentis and an inmate of a mental institution at the time of the taking. Following the...

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