ANDERSON v. SEEMAN

No. 16799.

252 F.2d 321 (1958)

R. P. ANDERSON et al., Appellants, v. Brigadier General L. E. SEEMAN, Division Engineer, Southwest Division, Corps of Engineers, United States Army, et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 27, 1958.


Attorney(s) appearing for the Case

Ireland Graves, John W. Stayton, Robert J. Hearon, Jr., Austin, Tex., William G. Fox, Joyce Cox, Houston, Tex., J. Chrys Dougherty, Thomas G. Gee, Austin, Tex., for appellants.

Perry W. Morton, Asst. Atty. Gen., Roger P. Marquis, Alfred H. O. Boudreau, Jr., Attys., Dept. of Justice, Washington, D. C., John C. Ford, Asst. U. S. Atty., Dallas, Tex., Heard L. Floore, U. S. Atty., Fort Worth, Tex., David R. Warner, Atty., Dept. of Justice, Washington, D. C., for appellees.

Before HUTCHESON, Chief Judge, TUTTLE, Circuit Judge, and HANNAY, District Judge.


TUTTLE, Circuit Judge.

This is an appeal from a judgment of the trial court dismissing on motion of the appellees this suit to enjoin the taking of appellants' lands for the building of a dam and reservoir on the Angelina River in Texas.

The complaint was filed by a number of plaintiffs whose land would be inundated by the construction of McGee Bend Reservoir. Their complaint is twofold: first, that the construction of this dam cannot legally proceed unless...

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