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GEORGIA POWER CO. v. UNITED STATES

No. 538-77.

633 F.2d 554 (1980)

GEORGIA POWER COMPANY v. The UNITED STATES.

United States Court of Claims.

July 16, 1980.

Attorney(s) appearing for the Case

Robert L. Pennington, Atlanta, Ga., for plaintiff; Richard G. Holloway, Herbert D. Shellhouse, and Troutman, Sanders, Lockerman & Ashmore, Atlanta, Ga., of counsel.

Eric S. Gould, Washington, D. C., with whom was Asst. Atty. Gen. James W. Moorman, Washington, D. C., for defendant.

Before NICHOLS, KASHIWA and SMITH, Judges.

ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

KASHIWA, Judge:

This is a taking claim against the United States, before us on the parties' cross motions for summary judgment. Georgia Power Company (plaintiff) claims a taking of its electrical powerline easement which, allegedly, is vested 25 feet above full pool elevation of the Clark Hill Reservoir.1 The act complained of is defendant...

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