2,953.15 ACRES OF LAND, ETC. v. UNITED STATES

No. 21052.

350 F.2d 356 (1965)

2,953.15 ACRES OF LAND, MORE OR LESS, Situate IN RUSSELL COUNTY, STATE OF ALABAMA, and Richard H. Bickerstaff, et al., Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 7, 1965.


Attorney(s) appearing for the Case

Albert W. Stubbs, Columbus, Ga., Samford & Torbert, Opelika, Ala., Hatcher, Stubbs, Land & Rothschild, Columbus, Ga., for Richard H. Bickerstaff and others, appellants.

A. Donald Mileur, Atty., Dept. of Justice, Ramsey Clark, Asst. Atty Gen., Roger P. Marquis, Atty., Dept. of Justice, Washington, D. C., Ben Hardeman, U. S. Atty., Rodney R. Steele, Asst. U. S. Atty., Montgomery, Ala., for appellee.

Before RIVES, WISDOM and BELL, Circuit Judges.


RIVES, Circuit Judge.

The United States filed its complaint, accompanied by a declaration of taking, to condemn flowage easements on eleven tracts of land in Russell County, Alabama. The interest in the property to be acquired was described both in the complaint and in the declaration of taking as an easement permanently to overflow, flood, and submerge the land below elevation 192 feet mean sea level and occasionally to overflow, flood, and submerge the land between...

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