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UNITED STATES v. WHITE SULPHUR SPRINGS

No. 250.

57 F.Supp. 48 (1944)

UNITED STATES v. WHITE SULPHUR SPRINGS, Inc., et al.

District Court, S. D. West Virginia.

September 21, 1944.

Attorney(s) appearing for the Case

Fitzpatrick, Strickling & Marshall, of Huntington, W. Va., and H. W. Oppenhimer, of Richmond, Va., for Chesapeake & Ohio Ry. Co.

Rathbone, Perry, Kelley & Drye, of New York City, for Central Hanover Bank & Trust Co., as trustee.

MOORE, District Judge.

The question presented here is: Shall the award of $3,300,000 made in the condemnation of the property of White Sulphur Springs, Incorporated (hereinafter called "White Sulphur"), be paid to the Chesapeake and Ohio Railway Company (hereinafter called "Railway") as grantee under a deed dated October 16, 1942, conveying all White Sulphur's property to Railway; or, shall it be paid to Central Hanover...

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