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KAISER AETNA v. UNITED STATES

No. 78-738.

444 U.S. 164 (1979)

KAISER AETNA ET AL. v. UNITED STATES.

Supreme Court of United States.

Decided December 4, 1979.

Attorney(s) appearing for the Case

Richard Charles Bocken argued the cause for petitioners. With him on the briefs was George Richard Morry.

Kathryn A. Oberly argued the cause for the United States. With her on the brief were Solicitor General McCree, Assistant Attorney General Moorman, William Alsup, Raymond N. Zagone, and Martin Green.*

MR. JUSTICE REHNQUIST delivered the opinion of the Court.

The Hawaii Kai Marina was developed by the dredging and filling of Kuapa Pond, which was a shallow lagoon separated from Maunalua Bay and the Pacific Ocean by a barrier beach. Although under Hawaii law Kuapa Pond was private property, the Court of Appeals for the Ninth Circuit held that when petitioners converted the pond into a marina and thereby connected it to the...

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