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RYAN v. CHICAGO, B. & Q. R. CO.

No. 4748.

59 F.2d 137 (1932)

RYAN et al. v. CHICAGO, B. & Q. R. CO.

Circuit Court of Appeals, Seventh Circuit.

June 11, 1932.

Attorney(s) appearing for the Case

Stanley M. Ryan and Harold E. Hanson, both of Madison, Wis., for appellants.

J. W. Weingarten, of Omaha, Neb., A. C. Scott, of Denver, Colo., and J. C. James, of Chicago, Ill. (Bruce Scott, of Chicago, Ill., of counsel), for appellee.

Henry N. Benson, Atty. Gen., for Upper Mississippi and St. Croix River Improvement Commission.

George C. Lambert, of St. Paul, Minn., and A. C. Wiprud, of Minneapolis, Minn. (Mortimer H. Boutelle, Sp. Asst. Atty. Gen., of counsel), for Upper Mississippi Barge Line Co.

Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.

SPARKS, Circuit Judge (after stating the facts as above).

It is appellee's contention, and the trial court so found, that Congress had fixed the height, type, and cost of the dam to be constructed across the Mississippi river at Alma, and that it was to be a low movable dam, of navigable type, costing $2,944,000, having a lift of 7 feet, and impounding the water of the river to an elevation of 665.7 feet above mean sea level...

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