F. D. GLEASON COAL CO. v. UNITED STATES

No. 5068.

30 F.2d 22 (1929)

F. D. GLEASON COAL CO. v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

January 15, 1929.


Attorney(s) appearing for the Case

Sparkman D. Foster, of Detroit, Mich. (Warren, Hill & Hamblen, of Detroit, Mich., on the brief), for plaintiff in error.

Gregory H. Frederick, Asst. U. S. Atty., of Detroit, Mich. (John R. Watkins, U. S. Atty., of Detroit, Mich., on the brief), for the United States.

Before MOORMAN, MACK, and HICKS, Circuit Judges.


MACK, Circuit Judge.

Writ of error to reverse a judgment based on a violation of section 10 of Rivers and Harbors Appropriation Act of March 3, 1899 (33 USCA § 403), charging in two counts unauthorized dredging in the American part of the channel of the St. Clair river, opposite the city of Port Huron, Mich., on September 5th and 24th respectively.

The statute is as follows:

"The creation of any obstruction not affirmatively authorized by Congress...

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