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BOSTICK v. SMOOT SAND & GRAVEL CORPORATION

No. 7578.

260 F.2d 534 (1958)

Edward M. BOSTICK and Norma J. Bostick, his wife, and Henry I. Altshuler and Roselina R. Altshuler, his wife, and Anna B. Wickes and Virginia R. McDonnell, Appellants, v. SMOOT SAND & GRAVEL CORPORATION, Appellee.

United States Court of Appeals Fourth Circuit.

Decided October 13, 1958.

Attorney(s) appearing for the Case

James L. Morrisson, Washington, D. C. (David Ginsburg, Washington, D. C., and Ginsburg, Leventhal, Brown & Morrisson, Washington, D. C., on brief), for appellants.

Charles C. G. Evans, Baltimore, Md. (E. Clinton Bamberger, Jr., and Piper & Marbury, Baltimore, Md., on brief), for appellee.

Before SOBELOFF, Chief Judge, and SOPER and HAYNSWORTH, Circuit Judges.

HAYNSWORTH, Circuit Judge.

The plaintiffs, owners of lands in Virginia bordering on the Potomac River immediately downstream from Mount Vernon, seek, among other things in this action, damages for the removal, without their permission, of sand and gravel from the bed of the river between the channel and their lands on the Virginia shore. Since the bed of the stream is in Maryland, their claim is bottomed upon Article 27, Section 572 of the Annotated Code of Maryland...

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