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SMITH v. UNITED STATES

Civ. No. 1450.

113 F.Supp. 131 (1953)

SMITH v. UNITED STATES.

United States District Court D. Delaware.

June 3, 1953.

Attorney(s) appearing for the Case

Morris Cohen and Thomas Herlihy, Jr., of Wilmington, Del., for plaintiff.

William Marvel, U. S. Atty., of Wilmington, Del., for the United States.

LEAHY, Chief Judge.

Plaintiff is lessee of a three-acre tract of land in New Castle Hundred whose northerly boundary is a free running stream known as Armstrong Creek. Flowing in an easterly direction, the creek upstream passes from lands on which the New Castle U. S. Army Air Base was constructed between 1942 and 1944, and over intervening land — thence onto and beyond plaintiff's tract. Prior to construction of the air base, plaintiff erected and maintained...

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