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BOARD OF DRAINAGE COM'RS v. FLETCHER

No. 5137.

72 F.2d 8 (1934)

BOARD OF DRAINAGE COM'RS OF McCRACKEN COUNTY, for Use of MAYFIELD CREEK DRAINAGE DIST. NO. 1, v. FLETCHER.

Circuit Court of Appeals, Seventh Circuit.

June 30, 1934.

Attorney(s) appearing for the Case

Charles E. Feirich, of Carbondale, Ill., and A. E. Boyd, of Paducah, Ky., for appellant.

James G. Wheeler, of Paducah, Ky., and William S. Dewey, of Cairo, Ill., for appellee.

Before ALSCHULER, EVANS, and FITZHENRY, Circuit Judges.

FITZHENRY, Circuit Judge.

This is an appeal from a judgment in the District Court entered upon sustaining a general demurrer to a declaration in an action on the case, to recover damages occasioned by the alleged wrongful acts of appellee to appellant's lien on certain lands owned by appellee located in Mayfield Creek Drainage District No. 1, in Carlyle county, Ky., through the cutting and removal of the timber growing on the land.

The declaration alleges...

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