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GEORGIA POWER CO. v. 54.20 ACRES OF LAND, ETC.

Nos. 75-4448 and 77-1327.

563 F.2d 1178 (1977)

GEORGIA POWER COMPANY, Plaintiff-Appellee, v. 54.20 ACRES OF LAND, situated lying and being LAND LOTS 315 AND 326 OF the 3RD LAND DISTRICT, etc., et al., Defendants, Jim Dodson and Patricia W. Womack, Defendants-Appellants. J. C. HILSMAN et al., Plaintiffs-Appellants, v. GEORGIA POWER COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 28, 1977.

Attorney(s) appearing for the Case

Denmark Groover, Jr., Macon, Ga., for defendants-appellants in 75-4448.

George D. Lawrence, Eatonton, Ga., Warren C. Fortson, Atlanta, Ga., amicus curiae, for defendants-appellants in 75-4448.

Wallace Miller, Jr., W. Warren Plowden, Jr., Macon, Ga., amicus curiae, for plaintiff-appellee in 75-4448.

Allan Abbot Tuttle, Sol., Federal Power Commission, Allan M. Garten, Washington, D. C., amicus curiae, for plaintiff-appellee in 75-4448.

George D. Lawrence, Jr., Eatonton, Ga., for Hilsman, et al.

Charles H. Ivy, Atlanta, Ga., for Elliott, et al.

James H. Rollins, W. Dan Greer, Atlanta, Ga., for Boswell, et al.

Ronald Montalto, Atlanta, Ga., Howard T. Oliver, Jr., Gainesville, Ga., for Askew.

Before WISDOM, SIMPSON, and TJOFLAT, Circuit Judges.

WISDOM, Circuit Judge:

These condemnation cases present the issue whether compensation should be determined under federal law or under the law of the state where the condemned property is located when a licensee of the Federal Power Commission exercises the power of eminent domain in federal court as authorized by Section 21 of the Federal Power Act, 16 U.S.C. § 814 (1970). We reserved this question in Louisiana v. Lindsey, 5 Cir. 1975,

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