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SINCLAIR REFINING CO. v. SMITH

No. 4446.

13 F.2d 68 (1926)

SINCLAIR REFINING CO. et al. v. SMITH et al.

Circuit Court of Appeals, Fifth Circuit.

June 9, 1926.

Attorney(s) appearing for the Case

Maco Stewart, Albert J. De Lange, Walter H. Walne, and Jas. L. Shepherd, Jr., all of Houston, Tex. (Stewart, De Lange & Milheiser and Baker, Botts, Parker & Garwood, all of Houston, Tex., on the brief), for appellants.

Robert L. Sonfield and Maurice Epstein, both of Houston, Tex. (Taliaferro, Epstein & Sonfield, of Houston, Tex., on the brief), for appellees.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

This is an appeal from a decree requiring appellants to dredge out a portion of Lower Clinton Bend, adjacent to the shipyard of appellees, to the depth which obtained at the time appellants began their dredging operations upon their property, which was located on the bend just below the above-mentioned shipyard. The decree also awards to appellees $6,000 as damages which had accrued up to its date for the loss of the use of their property, and...

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