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U.S. v. CHICAGO, M., ST. P. & P.R. CO.

No. 535.

312 U.S. 592 (1941)

UNITED STATES v. CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD CO. ET AL.

Supreme Court of United States.

Decided March 31, 1941.

Attorney(s) appearing for the Case

Assistant Attorney General Littell, with whom Solicitor General Biddle and Mr. Vernon L. Wilkinson were on the brief, for the United States.

Mr. A.C. Erdall, with whom Messrs. F.W. Root, A.N. Whitlock, and C.S. Jefferson were on the brief, for respondents.

MR. JUSTICE ROBERTS delivered the opinion of the Court.

The question for decision is whether the United States must compensate a riparian owner for injury to structures located between high and low water marks, where the damage is caused by the raising of the water level in a navigable stream for the improvement of navigation. The importance of the question, and a conflict in the decisions of this court, led to the grant of certiorari.

The tracks of the respondent...

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