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UNITED STATES v. 58 ACRES OF LAND, ETC.

Nos. 16516, 16517.

363 F.2d 846 (1966)

UNITED STATES of America, upon the relation and for the Use of the TENNESSEE VALLEY AUTHORITY, Plaintiff-Appellant, v. 58 ACRES OF LAND, MORE OR LESS, IN KNOX COUNTY, TENNESSEE, Earl R. Houser, et al., Defendants-Appellees. UNITED STATES of America, upon the relation and for the Use of the TENNESSEE VALLEY AUTHORITY, Plaintiff-Appellee, v. 58 ACRES OF LAND, MORE OR LESS, IN KNOX COUNTY, TENNESSEE, Earl R. Houser, et al., Defendants-Appellants.

United States Court of Appeals Sixth Circuit.

August 1, 1966.

Attorney(s) appearing for the Case

Charles J. McCarthy, Gen. Counsel, Tennessee Valley Authority, Knoxville, Tenn., for plaintiff-appellant and plaintiff-appellee, Thomas A. Pedersen, Asst. Gen. Counsel, Beverly S. Burbage, James H. Eldridge, Knoxville, Tenn., on the brief.

R. Hunter Cagle, Knoxville, Tenn., for defendants-appellees and defendants-appellants, Arthur D. Byrne, Knoxville, Tenn., on the brief, Poore, Cox, Baker & McAuley, Knoxville, Tenn., of counsel.

Before O'SULLIVAN and EDWARDS, Circuit Judges, and McALLISTER, Senior Circuit Judge.

PER CURIAM.

These appeals result from the Tennessee Valley Authority building the Melton Hill Reservoir and thus creating an embayment in Beaver Creek ten miles from Knoxville, Tennessee. In the course of this development TVA sought to condemn 58 acres of defendants' 140 acre farm through which Beaver Creek ran.

The case was tried originally before three Commissioners appointed by the District Court under the Tennessee Valley Authority Act, 48 Stat. 58 (1933...

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