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SIMMONS v. UNITED STATES

No. 2320.

29 F.Supp. 285 (1939)

SIMMONS v. UNITED STATES.

District Court, W. D. Kentucky, at Louisville.

September 29, 1939.

Attorney(s) appearing for the Case

Claude Hudgins, of Louisville, Ky., for plaintiff.

James Garnett, Jr., Asst. Dist. Atty., of Louisville, Ky., for the United States.

MILLER, District Judge.

In this action the plaintiff is seeking to recover for the value of his real estate which he alleges has been taken by the United States by reason of its construction of Dam No. 43 across the Ohio River below West Point, Kentucky, which raised the pool level of the river 14.5 feet above the ordinary high water mark as it previously existed. Federal jurisdiction is claimed by Section 41, subsection...

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