ZOOK PALM NURSERIES v. UNITED STATES

No. 9978.

128 F.2d 668 (1942)

ZOOK PALM NURSERIES, Inc., v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

June 3, 1942.


Attorney(s) appearing for the Case

J. Mark Wilcox, of Miami, Fla., for appellant.

Tom DeWolfe and Paul Campbell, Sp. Assts. to Atty. Gen., Francis M. Shea, Asst. Atty. Gen., and H. S. Phillips, U. S. Atty., of Tampa, Fla., and George A. Smathers, Asst. U. S. Atty., of Miami, Fla., for appellee.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.


HOLMES, Circuit Judge.

This action was filed by appellant against the United States to recover damages, in the sum of $188,296.23, done to its nursery gardens and property located along the east bank of the Intracoastal Waterway in Palm Beach County, Florida. It is alleged in the complaint, as the cause of the injury, that said property was overflowed by salt water from said Intracoastal Waterway; and that this was due to its widening and deepening in the vicinity...

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