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KIRK v. PROVIDENCE MILL CO.

No. 675.

279 U.S. 807 (1929)

KIRK, SUPERINTENDENT OF PUBLIC WORKS, ET AL. v. THE PROVIDENCE MILL COMPANY.

Supreme Court of United States.

Decided June 3, 1929.

Attorney(s) appearing for the Case

Mr. Gilbert Bettman, Attorney General of Ohio, with whom Messrs. L.F. Laylin, Joseph A. Godown, and Leroy W. Hunt were on the brief, for appellants.

Mr. Karl E. Burr, with whom Messrs. U.G. Denman and T.W. Christian were on the brief, for appellee.

MR. JUSTICE STONE delivered the opinion of the Court.

This is a direct appeal, under § 266 of the Judicial Code, from a final decree, following an interlocutory decree, of a district court of three judges for southern Ohio, enjoining appellants, the state director of highways, the superintendent of public works of Ohio, and county commissioners, from draining or otherwise interfering with the flow of water in a section of the Miami & Erie Canal, in such manner...

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