CHRISTMAN v. UNITED STATES

No. 5237.

74 F.2d 112 (1934)

CHRISTMAN et al. v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

December 21, 1934.


Attorney(s) appearing for the Case

Edward W. Bensinger, Jr., of Louisville, Ky. (H. H. Cope, of Madison, Ind., of counsel), for appellants.

Val Nolan, U. S. Atty., and B. Howard Caughran and Paul A. Pfister, Asst. U. S. Attys., all of Indianapolis, Ind.

Before SPARKS and FITZHENRY, Circuit Judges, and LINDLEY, District Judge.


LINDLEY, District Judge.

Appellants are owners of a 71-acre farm in Milton township, Jefferson county, Ind., abutting Indian-Kentucky creek, a nonnavigable tributary of the Ohio river. The mouth of the creek is 54 miles upstream on the river from Louisville, and appellants' property is located about 4 miles up the creek.

The United States government on October 27, 1927, completed the construction of a dam at Louisville, for the purpose of improving navigation...

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