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

Nos. 656-658.

62 F.2d 440 (1932)

CLARKE v. CHICAGO, B. & Q. R. CO. et al. (two cases). CLARKE et al. v. SAME.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied January 21, 1933.


Attorney(s) appearing for the Case

Charles S. Lobingier and Arthur M. Wickwire, both of New York City, for appellants.

J. L. Rice, of Denver, Colo. (J. C. James, of Chicago, Ill., and A. C. Scott and J. Q. Dier, both of Denver, Colo., on the brief), for appellees.

Before LEWIS, COTTERAL, and PHILLIPS, Circuit Judges.


PHILLIPS, Circuit Judge.

This court, in Clarke v. Boysen, 39 F.2d 800, held that John T. and Ella R. Clarke were liable for the abatement of a public and private nuisance, which consisted of a superstructure on the Boysen Dam in Wyoming. Decrees were made, and sent to the lower court to be entered, requiring the Clarkes to abate the nuisance within a period of six months. The decrees were entered on June 17, 1930, by Judge Kennedy...

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