CLEMONES v. ALABAMA POWER COMPANY

Civ. A. No. 1538.

250 F.Supp. 433 (1966)

W. M. CLEMONES and James Highfield, Plaintiffs, v. ALABAMA POWER COMPANY, Defendant.

United States District Court N. D. Georgia, Rome Division.

January 11, 1966.


Attorney(s) appearing for the Case

Parker, Clary & Kent, Rome, Ga., for plaintiffs.

Matthews, Maddox, Walton & Smith, Rome, Ga., for defendant.


SIDNEY O. SMITH, Jr., District Judge.

This is a removal case in which plaintiff Highfield, as a long-term tenant of certain river-bottom lands on the Coosa River, owned by plaintiff, Clemones, seeks to recover damages for flooding, which he contends was caused by the defendant Alabama Power Company, which erected in 1961 the Weiss Dam downstream on the river. By prior motion for summary judgment, the defendant has raised two questions: (1) lack of jurisdiction on...

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