No. 156.

309 U.S. 18 (1940)


Supreme Court of United States.

Decided January 29, 1940.

Attorney(s) appearing for the Case

Mr. Robert Van Pelt, with whom Mr. Ernest B. Perry was on the brief, for petitioners.

Mr. Clay C. Rogers for respondent.

By leave of Court, Solicitor General Jackson, Assistant Attorney General Shea, and Messrs. Warner W. Gardner, Thomas Harris, and Frederick T. Johnson filed a brief on behalf of the United States, as amicus curiae, in support of respondent.

MR. CHIEF JUSTICE HUGHES delivered the opinion of the Court.

In this action, brought in the state court of Nebraska and removed to the federal court, petitioners sought to recover damages upon the ground that the respondent company had built dikes in the Missouri River and, using large boats with paddles and pumps to produce artificial erosion, had washed away a part of petitioners' land. Respondent alleged in defense that the work was done pursuant to a contract...

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