UNITED STATES v. COOPER

No. 17946.

277 F.2d 857 (1960)

UNITED STATES of America, Appellant, v. Sarah Joyce King COOPER, et al., As Executrices of the Will of M. A. Cooper, deceased, et al., Appellees.

United States Court of Appeals Fifth Circuit.

March 24, 1960.


Attorney(s) appearing for the Case

A. Donald Mileur, Atty., Dept. of Justice, Washington, D. C., Charles D. Read, Jr., U. S. Atty., Slaton Clemmons, Asst. U. S. Atty., Atlanta, Ga., (Perry W. Morton, Asst. Atty. Gen., Roger P. Marquis, Atty. Dept. of Justice, Washington, D. C.), for appellant.

John W. Maddox, Rome, Ga. (Matthews, Maddox, Walton & Smith, Rome, Ga. of counsel), for appellees.

Before RIVES, Chief Judge, and HUTCHESON and TUTTLE, Circuit Judges.


TUTTLE, Circuit Judge.

This is an appeal from a judgment based on a jury verdict in a land condemnation case. Although there are other questions raised, the principal contention made by the government is that the trial court erred in permitting the jury to pass on the value of appellees' lands as having potential value as a dam site. This argument has a triple base. First, the government argues the Etowah River is navigable, and the case is therefore ruled by United...

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