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UNITED STATES v. ATOMIC FUEL COAL COMPANY

No. 11219.

383 F.2d 1 (1967)

UNITED STATES of America, Appellee, v. ATOMIC FUEL COAL COMPANY, Appellant.

United States Court of Appeals Fourth Circuit.

Decided September 11, 1967.

Attorney(s) appearing for the Case

John M. Stephens, Pikeville, Ky. (Stephens, Combs & Page, Pikeville, Ky., on brief), for appellant.

Robert M. Perry, Attorney, Department of Justice (Edwin L. Weisl, Jr., Asst. Atty. Gen., and Roger P. Marquis, Atty., Department of Justice, and Thomas B. Mason, U. S. Atty., on brief), for appellee.

Before SOBELOFF, BOREMAN and BRYAN, Circuit Judges.

ALBERT V. BRYAN, Circuit Judge:

In the exercise of eminent domain the United States on June 4, 1964 acquired, with many other properties, varying interests in three small parcels of land for the construction and operation of a flood control dam and reservoir on Pound River, Dickenson County, Virginia. The parcels are contained in tracts designated as Nos. 111-1, 111-2 and 111E-4. These tracts were parts of a 581.88-acre boundary in which the Atomic Fuel Coal Company...

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