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COUNTY COURT OF WAYNE COUNTY v. LOUISA & FORT GAY BRIDGE CO.

No. 197.

46 F.Supp. 1 (1942)

COUNTY COURT OF WAYNE COUNTY, W. VA., v. LOUISA & FORT GAY BRIDGE CO., Inc.

District Court, S. D. West Virginia.

August 22, 1942.

Attorney(s) appearing for the Case

J. T. Lambert, Pros. Atty., and J. Floyd Harrison, Asst. Pros. Atty., and M. J. Ferguson, all of Wayne, W. Va., for plaintiff.

S. S. Willis, of Ashland, Ky., and Samuel Biern, of Huntington, W. Va., for defendant.

HARRY E. WATKINS, District Judge.

The pertinent question for consideration in this case is whether the State of West Virginia may condemn a toll bridge for public purposes, located partly in West Virginia and partly in Kentucky, in the absence of any permission or agreement with the State of Kentucky or the owner of such bridge, and in the absence of any special authorization of Congress. The question arises upon a motion to dismiss plaintiff's petition for condemnation...

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