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CITY OF PHILADELPHIA v. STANDARD OIL CO.

No. 5704.

79 F.2d 764 (1935)

CITY OF PHILADELPHIA v. STANDARD OIL CO. OF PENNSYLVANIA.

Circuit Court of Appeals, Third Circuit.

September 30, 1935.

Attorney(s) appearing for the Case

G. Coe Farrier and David J. Smyth, City Solicitor, both of Philadelphia, Pa., for appellant.

Howard H. Rapp, W. James MacIntosh, Wm. Clarke Mason, and Clement B. Wood, all of Philadelphia, Pa. (Morgan, Lewis & Bockius, of Philadelphia, Pa., of counsel), for appellee.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

THOMPSON, Circuit Judge.

The appellant is a city of the first class of the commonwealth of Pennsylvania. The appellee is a Delaware corporation which owns riparian rights along the Schuylkill river, a navigable stream partly within the appellant's corporate limits. Cities of the first class are authorized by the Pennsylvania Act of July 22, 1913, P. L. 911 (53 PS Pa. § 4351), to construct retaining structures or bulkheads along the banks of navigable streams...

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