DEEN, Chief Judge.
Black filed an action for damages against the appellee on May 17, 1978, alleging that the utility company, without legal authority, had trespassed on his property, bulldozed the trees over a part of it and is attempting to install a power line. Black sought actual and punitive damages. On June 5, 1978, the public utility filed an eminent domain action seeking to condemn as an easement for power line purposes the strip of land on which they had made...
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