BOOKER v. ROCHELLE

No. 5026.

23 F.2d 492 (1928)

BOOKER et al. v. ROCHELLE et al.

Circuit Court of Appeals, Fifth Circuit.

January 16, 1928.


Attorney(s) appearing for the Case

Wm. H. Arnold, Wm. H. Arnold, Jr., and David C. Arnold, all of Texarkana, Ark., for plaintiffs in error.

Rollin W. Rodgers, of Texarkana, Tex. (W. T. Williams, of Austin, Tex., and Rodgers & Rodgers, of Texarkana, Tex., on the brief), for defendants in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


BRYAN, Circuit Judge.

In 1923 the Red river cut a new channel across a bend in the old channel and washed away about 100 acres of plaintiffs' land, that lay just below and on the opposite side of the river from the new channel. Plaintiffs alleged that defendants cut a ditch across the bend and thus caused the river to change its course, that the river was navigable at the point where the course of its channel was changed, and that defendants acted without authority...

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