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ROBINSON v. TRANSCONTINENTAL GAS PIPE LINE CORPORATION

No. 28169.

421 F.2d 1397 (1970)

Butell ROBINSON and Donald Robinson, Plaintiffs-Appellants, v. TRANSCONTINENTAL GAS PIPE LINE CORPORATION, Defendant-Appellee. Edward R. BREEDLOVE, Plaintiff-Appellant, v. TRANSCONTINENTAL GAS PIPE LINE CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 3, 1970.

Certiorari Denied May 18, 1970.

Attorney(s) appearing for the Case

Joseph E. Cheeley, Buford, Ga., H. A. Stephens, Jr., Atlanta, Ga., for plaintiffs-appellants; Smith, Cohen, Ringel, Kohler, Martin & Lowe, Atlanta, Ga., of counsel.

Albert G. Norman, Jr., Jefferson D. Kirby, III, Allen Post, Atlanta, Ga., W. Howard Fowler, Lawrenceville, Ga., for defendant-appellee; Hansell, Post, Brandon & Dorsey, Atlanta, Ga., Webb & Fowler, Lawrenceville, Ga., of counsel.

Before JONES, BELL and GODBOLD, Circuit Judges.

Certiorari Denied May 18, 1970. See 90 S.Ct. 1695.

PER CURIAM.

The district court concluded in a full opinion that Transcontinental was empowered to condemn a right of way under the applicable Georgia Condemnation statute, Ga.Laws, 1929, p. 219 et seq., Ga.Code Annot. § 36-201.1 (1969 Supp.); Botts v. Southeastern Pipeline Company, 190 Ga. 689, 700, 10 S.E.2d 375 (1940), although the Federal Power Commission had not issued a certificate of public convenience...

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