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UNITED STATES v. PRESSNELL

Civ. A. No. 196.

219 F.Supp. 727 (1963)

UNITED STATES of America on the relation and for the Use of the TENNESSEE VALLEY AUTHORITY, Petitioner, v. Council J. PRESSNELL et al., Respondents.

United States District Court E. D. Tennessee, Northeastern Division.

Supplemental Opinion April 22, 1963.

Attorney(s) appearing for the Case

Charles J. McCarthy, Gen. Counsel, Thomas A. Pedersen, Asst. Gen. Counsel, TVA, James H. Eldridge, Knoxville, Tenn., for petitioner.

J. Malcolm Shull, Elizabethton, Tenn., for respondents.

NEESE, District Judge.

This is an original condemnation proceeding. Costs were taxed against the plaintiff, and the relator Tennessee Valley Authority, the condemnor, has moved the Court to strike the cost-taxing provision from its final order.

No question is presented concerning the taxing of costs against the condemnee. This is an ex parte motion by which the condemnor seeks to be relieved of the minimal court costs involved. The Court will judicially...

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