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GEORGIA POWER CO. v. 138.30 ACRES OF LAND

Nos. 77-1775 to 77-1777.

596 F.2d 644 (1979)

GEORGIA POWER COMPANY, Plaintiff-Appellee, v. 138.30 ACRES OF LAND, situate, lying and being in Land Lot 327 of the 3rd Land District 389th G. M. District, Putnam County, Georgia, Defendants, Mildred B. SANDERS, a/k/a Mrs. Karl D. Sanders, Jr., et al., Defendants-Appellants. GEORGIA POWER COMPANY, Plaintiff-Appellee, v. 377.61 ACRES OF LAND, situate, lying and being in Land Lots 367, 368, 369, 377, 378, 379, 380, 381, 382 and 383 of the Third Land District, 389th G. M. District, Putnam County, Georgia, Defendants, Mrs. Nellie W. Larman et al., Defendants-Appellants. GEORGIA POWER COMPANY, Plaintiff-Appellee, v. 532.82 ACRES OF LAND, situate, lying and being in the 145th G. M. District, Greene County, Georgia, Defendants, Clifford H. Dyar, Jr., et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 6, 1979.

Attorney(s) appearing for the Case

George D. Lawrence, Jr., Eatonton, Ga., for defendants-appellants in all cases.

Charles H. Brown, Statesboro, Ga., for defendants-appellants in No. 77-1775.

Wallace Miller Jr., W. Warren Plowden, Jr., Macon, Ga., for plaintiff-appellee in all cases.

Kenneth L. Millwood, Bruce H. Beerman, Atlanta, Ga., for defendants-appellants in No. 77-1776.

Before MORGAN, FAY and RUBIN, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

The owners of three properties were required to render unto the sovereign portions of their land for the Lake Wallace hydroelectric project in Georgia; they protest that they did not receive in return their constitutional due, and appeal from commission determinations of just compensation for the property taken. The owners, we conclude, were not constitutionally guaranteed a jury trial; the district court acted within the range of its...

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