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UNITED STATES v. JACOBS

No. 6567.

63 F.2d 326 (1933)

UNITED STATES v. JACOBS et al.

Circuit Court of Appeals, Fifth Circuit.

February 13, 1933.

Attorney(s) appearing for the Case

John B. Isbell, U. S. Atty., of Ft. Payne, Ala., R. M. Sims, Asst. U. S. Atty., of Florence, Ala., and Charles B. Rugg, Asst. Atty. Gen.

Alan S. Kelly and A. A. Kelly, both of South Pittsburg, Tenn., and Chas. C. Moore, of Chattanooga, Tenn., for appellees.

Before BRYAN, FOSTER, and WALKER, Circuit Judges.

BRYAN, Circuit Judge.

The United States, for the purpose of improving navigation, constructed Widow's Bar dam across the Tennessee river. Appellees Jacobs and Gunter, claiming that the dam holds back flood waters which injure their lands located above it, brought separate suits under the Tucker Act (28 USCA § 41 (20), to recover compensation for the damage done. From an adverse judgment Jacobs appealed and secured a reversal, this court holding that on the facts...

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