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HUTHER v. UNITED STATES

No. 411-52.

145 F.Supp. 916 (1956)

George T. HUTHER et al. v. The UNITED STATES.

United States Court of Claims.

November 7, 1956.

Attorney(s) appearing for the Case

Clayton L. Burwell, Washington, D. C., for plaintiffs.

Thos. L. McKevitt, Washington, D. C., with whom was Asst. Atty. Gen. Perry W. Morton, for defendant.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and LARAMORE, Judges.

JONES, Chief Judge.

This case comes before us on the Government's first defense which is in effect a motion to dismiss plaintiffs' petition on the ground that it does not state a claim upon which relief can be granted.

By the terms of section 9 of the act of March 3, 1899, 30 Stat. 1151,1 it was made necessary to obtain the consent of Congress before any bridge, dam, dike or causeway...

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