United States of America et al v. 14.09 Acres of Land, More or Less, in Cumberland County, Tennessee et al

Filing 12

ORDER APPOINTING COMMISSIONERS. Signed by District Judge Kevin H. Sharp on 5/20/14. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NORTHEASTERN DIVISION
UNITED STATES OF AMERICA
upon the relation and for the use of the
TENNESSEE VALLEY AUTHORITY,
Plaintiff,
v.

No.

14.09 ACRES OF LAND, MORE OR LESS,
IN CUMBERLAND COUNTY, TENNESSEE, and
FRED STOUT,
PAULMA STOUT, his wife,
Defendants.
ORDER APPOINTING COMMISSIONERS
For the reasons set forth in Administrative Order No. 75 of this Court entered on April 4, 1979,
and entitled Order Establishing Commission Pursuant to Rule 71A(h) [currently 71.1(h)]
of the Federal Rules of Civil Procedure, the Court finds that the issue of just compensation
for the taking of the property herein condemned should be determined by a commission of
three persons appointed by the Court pursuant to said Rule. Accordingly, the Court appoints
, Chairman,

, and

to serve as commissioners. The commission shall have the power of a master provided in
subdivision (c) of Rule 53 of the Federal Rules of Civil Procedure, and proceedings before it
shall be governed by the provisions of paragraphs (1) and (2) of subdivision (d) of said Rule. Its
actions and report shall be determined by a majority, and its findings and report shall have the
effect and be dealt with by the Court in accordance with the practice prescribed in paragraph (2)
of subdivision (e) of Rule 53. Trial of all issues shall otherwise be by the Court.

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IT IS FURTHER ORDERED that any party in interest may within ten (10) days from the
entry of this order, or within twenty (20) days after the filing of this action, file with the Clerk
written objections to the appointment of such commissioners, stating the grounds of such
objection.
The commissioners shall follow the charge adopted in and attached to Administrative
Order No. 75 in the performance of their duties. Said commissioners, upon their appointment,
shall read said charge, which is published in 61 F.R.D. 503 (E.D. Tenn. 1973), and shall comply
with its terms and provisions. Any person or party in interest whose appearance has been
entered pursuant to Rule 71.1(e) of the Federal Rules of Civil Procedure may object to the
instructions and offer alternate or additional instructions within five (5) days after entry of their
appearance in this cause.
Copies of this order shall be furnished by the Clerk to all parties and to their counsel
whose appearances are entered pursuant to Rule 71.1(e) of the Federal Rules of Civil Procedure
and to the commissioners.
It is so ORDERED.

United States District Judge

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