WASHINGTON AIRPORT v. SMOOT SAND & GRAVEL CORPORATION

No. 3026.

44 F.2d 342 (1930)

WASHINGTON AIRPORT, Inc., v. SMOOT SAND & GRAVEL CORPORATION.

Circuit Court of Appeals, Fourth Circuit.

October 21, 1930.


Attorney(s) appearing for the Case

Louis Titus, of Washington, D. C. (C. Bascom Slemp, of Washington, D. C., on the brief), for appellant.

Luther B. Way, Sp. Asst. U. S. Atty., of Norfolk, Va., and J. P. Wenchel, Sp. Asst. to the U. S. Atty., of Washington, D. C. (Paul W. Kear, U. S. Atty., of Norfolk, Va., and Elton L. Marshall and Seth W. Richardson, both of Washington, D. C., and Gardner L. Boothe, of Alexandria, Va., on the brief), for appellee.

John R. Saunders, Atty. Gen., Edwin H. Gibson and Collins Denny, Jr., Asst. Attys. Gen., on the brief), as amici curiæ, for the Commonwealth of Virginia.

Before PARKER and NORTHCOTT, Circuit Judges, and ERNEST F. COCHRAN, District Judge.


PARKER, Circuit Judge.

This suit was instituted in the court below to enjoin alleged trespasses on land between high and low water mark on the Virginia side of the Potomac river opposite the District of Columbia. The learned District Judge, being of opinion that the boundary of Virginia extended only to high-water mark, dismissed the bill for lack of jurisdiction; and complainant has appealed. The sole question presented is whether the boundary line between Virginia...

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