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DAVIS v. GULF & I. RY. CO.

No. 5487.

31 F.2d 109 (1929)

DAVIS, Secretary of War, et al. v. GULF & I. RY. CO. OF TEXAS et al.

Circuit Court of Appeals, Fifth Circuit.

March 4, 1929.

Attorney(s) appearing for the Case

H. M. Holden, U. S. Atty., and Howell Ward, Asst. U. S. Atty., both of Houston, Tex., for appellants.

Ballinger Mills, of Galveston, Tex. (E. E. McInnis, of Chicago, Ill., and Terry, Cavin & Mills, of Galveston, Tex., on the brief), for appellees.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

The notice prescribed by 33 USCA § 502, for the alteration of a railroad bridge over a navigable waterway of the United States, was given by the Secretary of War to the companies owning and operating the railroad. That notice recited that the United States was engaged in the work of constructing the Louisiana and Texas Intracoastal Waterway from the Mississippi river, near New Orleans, to Corpus Christi, Tex., in accordance with the plan...

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