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SINCE THE cutting of trees had become a strong argument of Berlin, who maintained that it constituted the “taking” of property, there were some who thought perhaps the considerations that produced only a final outburst should have been entered earlier.
In the background, beside interested landowners, was the Rappahannock League for Environmental Protection, represented by the League’s president, Phil Irwin, who viewed the case as a possible precedent for all injunctions filed by landowners and he was hopeful that the court would rule that a power company may not “take” real estate until definite use had been proven.
(While the first smiles broke across Vepco lawyers ’ faces, someone had pasted “Save Rappahannock” stickers on their cars.)
E. Montgomery Tucker’s argument confined itself to the issue that Vepco surveyors had been prevented from surveying by threats of violence and actual violence.
Tucker called Otto Shultz, supervisor of surveying services, as his first witness. He agreed that
(See page 3)
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