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UNITED STATES v. WEST VIRGINIA POWER CO.

No. 13.

39 F.Supp. 540 (1941)

UNITED STATES v. WEST VIRGINIA POWER CO. et al.

District Court, S. D. West Virginia, at Bluefield.

July 1, 1941.

Attorney(s) appearing for the Case

Lemuel R. Via, Dist. Atty., of Huntington, W. Va., Ralph J. Luttrell, Sp. Atty., Department of Justice, of Washington, D. C., John R. Dyer, Sp. Atty., Department of Justice, of Webster Springs, W. Va., and Leland Yost, Sp. Atty., Department of Justice, of Washington, D. C., for petitioner.

Jesse Knight, of New York City, R. T. Jackson, of Cleveland, Ohio, and Ernest K. James, of Charleston, W. Va., for respondent, West Virginia Power Co.

Joseph M. Sanders, of Bluefield, W. Va., and Franklin K. Day, Jr., of Bluefield, W. Va., for respondent Norfolk & W. Ry. Co.

McCLINTIC, District Judge.

The history of the question of a power dam in New River, Summers County, West Virginia, at or near the mouth of Bluestone River, was that a predecessor of the respondent, the West Virginia Power Company, along about the year 1914, and for sometime thereafter, had a proposition before it of building a power dam at or near the site asked for in the petition in this case, and purchased, at considerable expense, a number of pieces of land which...

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