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UNITED STATES v. NUGENT

No. 7510.

100 F.2d 215 (1938)

UNITED STATES v. NUGENT.

Circuit Court of Appeals, Sixth Circuit.

December 16, 1938.

Attorney(s) appearing for the Case

W. S. Ward, of Washington, D. C. (Bunk Gardner and Eli H. Brown, III, both of Louisville, Ky., on the brief), for appellant.

Wilbur Fields, of Louisville, Ky. (Ernest Woodward, Wilbur Fields, and Woodward, Dawson & Hobson, all of Louisville, Ky., on the brief), for appellee.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.

ALLEN, Circuit Judge.

This is an appeal from a judgment awarding damages in an action brought under the Tucker Act, Title 28, § 41(20), U.S.C., 28 U.S.C.A. § 41(20), for the alleged appropriation by the United States of private property in consequence of the erosion and washing away of approximately 35 acres of appellee's land, caused by the construction of Lock and Dam No. 41 and a dike a short distance below in the Ohio River. Appellant contends that the...

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