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COBO v. UNITED STATES

No. 7326.

94 F.2d 351 (1938)

COBO, City Treasurer, v. UNITED STATES et al.

Circuit Court of Appeals, Sixth Circuit.

January 12, 1938.

Attorney(s) appearing for the Case

Walter E. Vashak, of Detroit, Mich. (Raymond J. Kelly, of Detroit, Mich., on the brief), for appellant.

Daniel P. Cassidy, of Detroit, Mich., for appellee Klenk Land Co.

John C. Lehr and Fred R. Walker, both of Detroit, Mich., for the United States.

Before HICKS and SIMONS, Circuit Judges, and RAYMOND, District Judge.

HICKS, Circuit Judge.

This controversy grew out of a proceeding begun by the United States on April 22, 1931, to acquire certain lands of the Klenk Land Company lying along Fox creek and the Detroit river in the city of Detroit. The land company answered, and subsequently on November 13, 1931, the city was permitted to intervene and claim an easement in Fox creek for drainage and sewerage purposes and a right to use the creek as a public waterway. The city did not...

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