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WINOOSKI HYDROELECTRIC CO. v. FIVE ACRES OF LAND

No. 1200, Docket 85-7065.

769 F.2d 79 (1985)

WINOOSKI HYDROELECTRIC COMPANY, Appellee, v. FIVE ACRES OF LAND IN EAST MONTPELIER AND BERLIN, VERMONT, Green Mountain Power Corporation, and unknown owners, Defendants, Green Mountain Power Corporation, Appellant.

United States Court of Appeals, Second Circuit.

Decided July 30, 1985.

Attorney(s) appearing for the Case

Richard I. Rubin, Skinner & Rubin, Barre, Vt., for appellee.

Michael G. Furlong, Burlington, Vt. (William B. Gray, Sheehy, Brue & Gray, Burlington, Vt., of counsel), for appellant.

Before LUMBARD, OAKES and MESKILL, Circuit Judges.

OAKES, Circuit Judge:

This appeal is by a condemnee from a judgment on a jury verdict awarding $30,000 as compensation for the taking of approximately five acres of land. Green Mountain Power Corporation ("Green Mountain"), a Vermont public utility, owned the land and dam on the Winooski River in the towns of East Montpelier and Berlin, Vermont, the property being referred to as Montpelier # 4. Winooski Hydroelectric Company ("Winooski Hydro") is a Vermont partnership...

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