UNITED STATES v. SUTRO

No. 14588.

235 F.2d 499 (1956)

UNITED STATES of America, Appellant, v. Adolph G. SUTRO, Appellee. Adolph G. SUTRO, Cross-Appellant, v. UNITED STATES of America, Cross-Appellee.

United States Court of Appeals Ninth Circuit.

May 7, 1956.


Attorney(s) appearing for the Case

Laughlin E. Waters, U. S. Atty., Max F. Deutz, Marvin Zinman, Asst. U. S. Attys., Los Angeles, Cal., for appellant.

Gray, Cary, Ames & Frye, John M. Cranston, Thomas C. Ackerman, Jr., San Diego, Cal., for appellee.

Before STEPHENS, POPE and FEE, Circuit Judges.


JAMES ALGER FEE, Circuit Judge.

In 1946, Sutro bought certain farm lands riparian to Pilgrim Creek. Before that time, the government had constructed a sewage disposal plant for Camp Pendleton, the effluents of which were deposited in the stream until 1952. Pilgrim Creek became so polluted that it was not fit for the irrigation of lands used for growing of vegetables intended for human consumption.

The cause was tried by a court without a jury under the Tort...

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