TOWN OF DURHAM, N. H. v. UNITED STATES

Civ. A. Nos. 1915, 1916.

167 F.Supp. 436 (1958)

TOWN OF DURHAM, N. H. v. UNITED STATES of America and R. E. Chapman Company. CITY OF DOVER, N. H. v. UNITED STATES of America, James H. Douglas, Individually and in his official capacity as Secretary of the U. S. Department of Air Force, Alden K. Sibley, Individually and in his official capacity as representative of the New England Corps of Engineers of the U. S. Army, Engineer Division, Thomas P. Coleman, Individually and in his official capacity as Commander, Pease Air Force Base, R. E. Chapman Company, and John Doe.

United States District Court D. New Hampshire.

July 11, 1958.


Attorney(s) appearing for the Case

Charles F. Hartnett, Dover, N. H., for Town of Durham, N. H.

Burns, Calderwood, Bryant & Hinchey, Stanley M. Burns, Dover, N. H., for City of Dover, N. H.

Maurice P. Bois, U. S. Atty., Concord, N. H., for defendants.


CONNOR, District Judge.

These are actions commenced by the plaintiffs in the Superior Court of Strafford County primarily to enjoin the defendants from acquiring by eminent domain or otherwise certain underground water sources in the Dover-Madbury Aquifer, all of which the plaintiffs claim they own. The plaintiff, City of Dover, also seeks, among other things, a five million dollar bond for damages, and an order requiring the defendants to construct a dam on the Bellamy...

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