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HURLEY v. KINCAID

No. 457.

285 U.S. 95 (1932)

HURLEY, SECRETARY OF WAR, v. KINCAID.

Supreme Court of United States.

Decided February 23, 1932.

Attorney(s) appearing for the Case

Solicitor General Thacher, with whom Assistant Attorney General Richardson and Messrs. G.A. Iverson and Paul D. Miller were on the brief, for petitioners.

Messrs. Wm. C. Dufour and Harry H. Russell, with whom Messrs. T.J. Freeman, John St. Paul, Jr., and G.L. Porterie were on the brief, for respondent.

MR. JUSTICE BRANDEIS delivered the opinion of the Court.

On June 15, 1929, Kincaid brought this suit in the federal court for western Louisiana against the United States, the Secretary of War, the Chief of Engineers, the Mississippi River Commission and its members, to enjoin the carrying out of any work in the Boeuf Floodway under the Mississippi River Flood Control Act, May 15, 1928, c. 569, 45 Stat. 534, and specifically...

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