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UNITED STATES v. AN EASEMENT AND RIGHT-OF-WAY, ETC.

No. 809.

246 F.Supp. 263 (1965)

UNITED STATES of America upon the relation and for the Use of the TENNESSEE VALLEY AUTHORITY, Plaintiff, v. AN EASEMENT AND RIGHT-OF-WAY OVER TWO TRACTS OF LAND, Each 150 Feet Wide, One 2,743 Feet Long and the other 1,565 Feet Long IN LOGAN COUNTY, KENTUCKY, Enlow Rogers et ux., Defendants.

United States District Court W. D. Kentucky, Bowling Green Division.

September 13, 1965.

Attorney(s) appearing for the Case

Charles J. McCarthy, Gen. Counsel, Thomas A. Pedersen, Asst. Gen. Counsel, Lewis E. Wallace, William W. Hurst, Knoxville, Tenn., John C. Lovett, Benton, Ky., for plaintiff.

J. Granville Clark, Russelville, Ky., for defendants.

SWINFORD, District Judge.

The plaintiff filed this action on August 31, 1961 and it was, by order of the court, put in possession of the property condemned. Commissioners were appointed to assess adequate compensation to the landowners. Before the report of the commissioners, the landowners filed a motion to vacate the order of taking and to dismiss the complaint. This motion raised the question of the sufficiency of the allegations of the complaint and the legality...

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