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SEARS v. CITY OF AKRON

No. 105.

246 U.S. 242 (1918)

SEARS, TRUSTEE, v. CITY OF AKRON.

Supreme Court of United States.

Decided March 4, 1918.

Attorney(s) appearing for the Case

Mr. George W. Wickersham, with whom Mr. Carroll G. Walter, Mr. William Z. Davis and Mr. Thomas F. Tracy were on the briefs, for appellant.

Mr. John E. Morley, with whom Mr. Scott Kenfield, Mr. Thos. H. Hogsett and Mr. Sheldon H. Tolles were on the brief, for appellee.

Mr. William Z. Davis, by leave of court, filed a brief as amicus curice on behalf of the Cuyahoga River Power Co.

MR. JUSTICE BRANDEIS delivered the opinion of the court.

Akron, Ohio, lies on Little Cuyahoga River a short distance above its confluence with the Big Cuyahoga. In May, 1911, the legislature of Ohio granted to the city, by special act "the right to divert and use forever" for the purposes of its water supply "the Tuscarawas river, the big Cuyahoga and little Cuyahoga rivers, and the tributaries thereto, now wholly or partly...

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