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BABCOCK v. UNITED STATES

No. 3633.

9 F.2d 905 (1925)

BABCOCK et al. v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

December 9, 1925.

Attorney(s) appearing for the Case

F. B. Shoaff and E. G. Hoffman, both of Ft. Wayne, Ind., for appellants.

Albert Ward, of Peru, Ind., for the United States.

Before EVANS, PAGE, and ANDERSON, Circuit Judges.

PAGE, Circuit Judge.

Plaintiffs in error, digging a drainage ditch, authorized under the laws of the state of Indiana, were about to cut a channel, 30 feet wide and 14 feet deep, through the Lincoln Highway, a post road, partially built and then recently paved by federal aid, when, at the suit of the United States, a restraining order was granted, followed by the injunction here in question. The contract required plaintiffs in error to erect a wooden bridge, which...

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