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UNITED STATES EX REL. TVA v. TWO TRACTS OF LAND

Nos. 71-1419, 71-1462, 71-1410 and 71-1463.

456 F.2d 264 (1972)

UNITED STATES of America upon the relation and for the Use of the TENNESSEE VALLEY AUTHORITY, Plaintiff-Appellee, v. TWO TRACTS OF LAND, John D. Egerton, et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

February 23, 1972.

Attorney(s) appearing for the Case

J. Granville Clark, on brief, Russellville, Ky., for appellants.

Thomas A. Pedersen, Knoxville, Tenn., for appellee; Robert H. Marquis, Gen. Counsel, Beauchamp E. Brogan, Asst. Gen. Counsel, Justin M. Schwamm, Atty., T. V. A., Knoxville, Tenn., on brief.

Before PHILLIPS, Chief Judge, WEICK, Circuit Judge, and ROTH, District Judge.

PHILLIPS, Chief Judge.

These consolidated appeals present the question of the right of the Tennessee Valley Authority to acquire land by eminent domain for the Land Between the Lakes Project in Kentucky and Tennessee. The amount of compensation for the taking of the properties was stipulated. The only question in the District Court and on this appeal is the right of the TVA to take.

The landowners contend that there is no public necessity or reason for taking...

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