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CHAPMAN v. PUBLIC UTILITY DIST. NO. 1 OF DOUGLAS CO., WASH.

Nos. 20059, 20060.

367 F.2d 163 (1966)

Melvin G. CHAPMAN and Dorothy A. Chapman, Appellants, v. PUBLIC UTILITY DISTRICT NO. 1 OF DOUGLAS COUNTY, WASHINGTON, a corporation, Appellee. Jack F. NICKELL, Zella Nickell, David L. Nickell and Elaine Violet Nickell, Appellants, v. PUBLIC UTILITY DISTRICT NO. 1 OF DOUGLAS COUNTY, WASHINGTON, a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

October 7, 1966.

Attorney(s) appearing for the Case

Benjamin H. Kizer, Robert E. Stoeve, Joseph P. Gagliardi, Turner, Stoeve & Layman, Spokane, Wash., for appellants.

Harold A. Pebbles, Pebbles, Swanson & Lindskog, Olympia, Wash.; Hughes & Jeffers, Wenatchee, Wash., for appellee.

Before BARNES, KOELSCH and BROWNING, Circuit Judges.

BROWNING, Circuit Judge.

Appellee holds a license from the Federal Power Commission to construct, operate and maintain the Wells Hydroelectric Project on the Columbia River in the Counties of Douglas, Chelan and Okanogan, in the State of Washington.

Appellee brought this action under 16 U.S.C. § 814 to condemn the fee title to two parcels of land, alleging that the taking was necessary for the purposes stated in its license.

The landowners maintain...

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