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ROSE ISLAND CO. v. UNITED STATES

No. 1146.

46 F.2d 802 (1930)

ROSE ISLAND CO. v. UNITED STATES.

District Court, W. D. Kentucky, at Louisville.

May 14, 1930.

Attorney(s) appearing for the Case

Batson, Cary & Welch, of Louisville, Ky., for plaintiff.

T. J. Sparks, U. S. Atty., of Louisville, Ky.

DAWSON, District Judge.

This case involves a claim of the plaintiff for damages because of the erection of Dam 41 across the Ohio river at Louisville, Ky. Plaintiff owns a tract of land on the Ohio river some miles above Dam 41, known as Rose Island, on which it conducts an amusement park. Fourteen Mile creek, which plaintiff contends is a nonnavigable stream, flows some distance through the plaintiff's land and into the Ohio...

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