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SMYTH v. BOARD OF COM'RS FOR ATCHAFALAYA BASIN L. D.

Civ. No. 478.

87 F.Supp. 138 (1949)

SMYTH et al. v. BOARD OF COM'RS FOR ATCHAFALAYA BASIN LEVEE DIST. et al.

United States District Court, E. D. Louisiana. Baton Rouge Div.

December 1, 1949.

Attorney(s) appearing for the Case

R. C. Milling, New Orleans, La., L. K. Benson, New Orleans, La., J. B. Miller, New Orleans, La., G. H. Pierson, Jr., New Orleans, La., for plaintiffs.

Ferd C. Claiborne, New Roads, La., Charles H. Dameron, Port Allen, La., attorneys for defendant Board of Commissioners for Atchafalaya Basin Levee District.

Bolivar E. Kemp, Jr., Attorney General, Carroll Buck, First Assistant Attorney General, John L. Madden, Special Assistant Attorney General, attorneys for defendants, Lucille May Grace, Register, State Land Office and L. B. Baynard, Auditor of Public Accounts for State of Louisiana.

BORAH, Circuit Judge.

The present controversy concerns the ownership of 8214.80 acres of swampland on Point au Fer Island in Terrebonne Parish, Louisiana. The land in question was omitted from the original government surveys of the island which were made in 1837 and 1838, and this error, when discovered in recent years, was corrected by a re-survey and a plat of said survey was approved by the General Land Office on April 10, 1943. Following this approval, the State...

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