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UNITED STATES, TENNESSEE VAL. AUTH. v. T. INDUSTRIES, INC.

Nos. 73-1279, 73-1280.

489 F.2d 921 (1974)

UNITED STATES of America, Upon the Relation and for the Use of the TENNESSEE VALLEY AUTHORITY, Plaintiff-Appellee and Plaintiff-Cross Appellant, v. T. INDUSTRIES, INC., Defendant-Appellant and Defendant-Cross Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 15, 1974.

As Amended January 24, 1974.

Attorney(s) appearing for the Case

Herbert Glazer, Memphis, Tenn., for defendant-appellant, defendant-cross appellee; John W. McQuiston, II, Memphis, Tenn., on briefs.

Beverly S. Burbage, TVA, Knoxville, Tenn., for plaintiff-appellee, plaintiff-cross appellant; Robert H. Marquis, Gen. Counsel, Beauchamp E. Brogan, Asst. Gen. Counsel, on brief.

Before WEICK and PECK, Circuit Judges, and O'SULLIVAN, Senior Circuit Judge.

WEICK, Circuit Judge.

This is an appeal by the landowner, T. Industries, Inc. (T. Industries), and a cross-appeal by the Tennessee Valley Authority (TVA), from an award made by the District Court in a condemnation action brought by TVA. On October 11, 1966, in the condemnation proceeding TVA acquired a permanent easement1 running through a farm in Haywood County, Tennessee, owned by T. Industries and leased to Winter Garden Freezer Company...

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