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DUNCAN v. ST. JOHN LEVEE & DRAINAGE DIST.

No. 9736.

69 F.2d 342 (1934)

DUNCAN et al. v. ST. JOHN LEVEE & DRAINAGE DIST. et al.

Circuit Court of Appeals, Eighth Circuit.

February 23, 1934.

Attorney(s) appearing for the Case

R. L. Ward, of Caruthersville, Mo., and Fred Switzer, Jr., and Thomas W. White, both of St. Louis, Mo. (Ward & Reeves, of Caruthersville, Mo., and Fordyce, White, Mayne & Williams, of St. Louis, Mo., on the brief), for appellants.

Charles Claflin Allen, Jr., of St. Louis, Mo., and R. F. Baynes, of New Madrid, Mo. (O. W. Joslyn, of Charleston, Mo., and Sharp & Baynes, of New Madrid, Mo., on the brief), for appellees.

Before STONE, SANBORN, and VAN VALKENBURGH, Circuit Judges.

VAN VALKENBURGH, Circuit Judge.

In 1914 the St. John Levee & Drainage District of Missouri, a municipal corporation, was organized under the provisions of article 9, chapter 41, of the Revised Statutes of Missouri 1909 (section 5703 et seq.), and amendments thereto. Its general plan for reclamation, adopted April 15, 1914, provided for the construction of levees along the Mississippi river, and a number of ditches for the protection and drainage of certain lands...

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