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NORTH COUNTIES HYDRO-ELECTRIC CO. v. UNITED STATES

No. 46274.

70 F.Supp. 900 (1947)

NORTH COUNTIES HYDRO-ELECTRIC CO. v. UNITED STATES.

Court of Claims.

April 7, 1947.

Attorney(s) appearing for the Case

Edmund D. Adcock, of Chicago, Ill., for plaintiff.

Marvin J. Sonosky, of Washington, D. C., and David L. Bazelon, Asst. Atty. Gen., for defendant.

Before WHALEY, Chief Justice, and LITTLETON, WHITAKER, JONES, and MADDEN, Judges.

WHITAKER, Judge.

In 1925 plaintiff built a hydro-electric power plant on the Fox River near Dayton, Illinois, about 5¾ miles above where the Fox River empties into the Illinois River. In 1933 defendant built a lock and dam at a place called Starved Rock1 on the Illinois River about eight miles below the mouth of the Fox River. The back water from this dam backs up into the Fox about 2½ miles, which is about 3 miles below plaintiff...

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