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UNITED STATES v. 170.88 ACRES OF LAND, ETC.

No. 278.

106 F.Supp. 623 (1952)

UNITED STATES v. 170.88 ACRES OF LAND, etc., IN FLOYD AND PIKE COUNTIES, KY., et al.

United States District Court E. D. Kentucky, Pikeville Division.

July 18, 1952.

Attorney(s) appearing for the Case

Claude P. Stephens, Lexington, Ky., E. Preston Young, Louisville, Ky., John R. Dyer, Pikeville, Ky., for plaintiff.

Joe Hobson, Prestonsburg, Ky., for defendant.

SWINFORD, District Judge.

The case is before me on two motions by landowners Harve Spears and Daisy Spears. The first motion is to strike from the petition the allegations seeking a perpetual easement and right to flood the surface of the tract and the oil and gas thereunder. The motion apparently attacks the sufficiency in law of a right of eminent domain contained in paragraph number "c" on page 3 of the petition.

The motion to strike was filed on April...

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