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PACKARD v. SOUTHERN STATES POWER CO.

No. 5831.

46 F.2d 789 (1931)

PACKARD v. SOUTHERN STATES POWER CO.

Circuit Court of Appeals, Fifth Circuit.

February 10, 1931.

Attorney(s) appearing for the Case

Paul Carter, of Marianna, Fla., for appellant.

James H. Finch, of Marianna, Fla., for appellee.

Before FOSTER, Circuit Judge, and HUTCHESON and SIBLEY, District Judges.

FOSTER, Circuit Judge.

Appellant, plaintiff below, is the owner of certain lands in Jackson county, Fla., comparatively recently acquired, on which is located a large spring, known as Blue Springs, used as a bathing and swimming resort. The spring is the source of Spring creek, which leaves plaintiff's land about 2,000 feet from the spring, and runs about 8 miles, emptying into Chipola river. At a point about four and a half miles below the spring is a dam which,...

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