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ALA. ELEC. CO-OP., INC. v. FIRST NAT. BANK, ETC.

No. 81-5572.

684 F.2d 789 (1982)

ALABAMA ELECTRIC COOPERATIVE, INC., a Foreign Corporation, Plaintiff-Appellee, v. FIRST NATIONAL BANK OF AKRON, OHIO, et al., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

September 3, 1982.

Attorney(s) appearing for the Case

Jerry R. Linscott, Baker & Hostetler, Denis L. Durkin, Orlando, Fla., for defendants-appellants.

Clinton E. Foster, Panama City, Fla., George C. Douglas, Jr., Andalusia, Ala., for plaintiff-appellee.

Before TUTTLE, KRAVITCH and HENDERSON, Circuit Judges.

HENDERSON, Circuit Judge:

The primary issue in this appeal concerns the right of the appellee, Alabama Electric Cooperative, Inc. (AEC), an Alabama corporation, to exercise the power of eminent domain under Florida law over property located in Florida and owned by the appellants.

On October 1, 1980, AEC filed a petition in the Circuit Court of Washington County, Florida, seeking to condemn certain parcels of land located in Washington County to construct an...

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