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U.S. EX REL. HARPER v. MUSKINGUM WATERSHED

No. 15-4406.

842 F.3d 430 (2016)

UNITED STATES of America EX REL. Leatra HARPER, Steven Jansto, and Leslie Harper, Relators-Appellants, v. MUSKINGUM WATERSHED CONSERVANCY DISTRICT, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 21, 2016.

Attorney(s) appearing for the Case

ON BRIEF: Thomas W. Connors , BLACK, McCUSKEY, SOUERS & ARBAUGH, Canton, Ohio, Warner Mendenhall , Akron, Ohio, for Appellants. Peter D. Welin , O. Judson Scheaf III , McDONALD HOPKINS LLC, Columbus, Ohio, for Appellee.

BOGGS, J., delivered the opinion of the court in which GUY, J., joined. MOORE, J. (pp. 440-41), delivered a separate dissenting opinion.

OPINION

In 1949, the United States deeded a large parcel of land in Ohio to the Muskingum Watershed Conservancy District ("MWCD"), a state entity responsible for controlling flooding in eastern Ohio. The deed provided that the land would revert to the United States if MWCD alienated or attempted to alienate it, or...

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