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ATLANTIC CRUSHED COKE COMPANY v. UNITED STATES

No. 124-54.

151 F.Supp. 317 (1957)

ATLANTIC CRUSHED COKE COMPANY. v. The UNITED STATES.

United States Court of Claims.

May 8, 1957.

Attorney(s) appearing for the Case

Gilbert J. Helwig, Pittsburgh, Pa., for plaintiff. Charles E. Kenworthey, Pittsburgh, Pa., was on the brief.

Thomas L. McKevitt, Washington, D. C., with whom was Asst. Atty. Gen. Perry W. Morton, for defendant.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and LARAMORE, Judges.

WHITAKER, Judge.

Plaintiff alleges that the defendant, by the construction of a dam on the Conemaugh River in Pennsylvania, deprived it of the use of its mine, for which it seeks just compensation.

The dam was constructed for flood control and, hence, defendant cannot escape liability if it, in fact did deprive plaintiff of the use of its mine.

Adjacent to the river is the Isabella mine, operated by the Westmoreland Mining Company; in the rear of the...

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