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FRANKLIN v. UNITED STATES

No. 7583.

101 F.2d 459 (1939)

FRANKLIN et al. v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

January 20, 1939.

Attorney(s) appearing for the Case

Sam Costen, of Memphis, Tenn. (Sam Costen, Charles C. Crabtree, and Carl R. Graves, all of Memphis, Tenn., on the brief), for appellants.

R. G. Draper, of Memphis, Tenn. (William McClanahan, C. P. J. Mooney, and R. G. Draper, all of Memphis, Tenn., on the brief), for the United States.

Before SIMONS, ALLEN and HAMILTON, Circuit Judges.

ALLEN, Circuit Judge.

The principal question presented is whether the construction by the United States of dikes on the bank and in the bed of the Mississippi River for the purpose of changing the current in order to improve navigation, which resulted after a year in the washing away of appellants' land on the opposite side of the river, constitutes an appropriation of private property within the purview of the Fifth Amendment to the Constitution of the United States...

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