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HARRIS v. SMEDILE

No. 13406.

302 F.2d 661 (1962)

Judson P. HARRIS, Robert Mann, V. M. S. Hannell, Mary I. Byrne, Robert F. Dunn, Hanus Steiner, James M. Fallis, Walter W. Baur, Stephen P. Moran, Fred E. Meyer, and Florence Broady, Plaintiffs-Appellants, v. Colonel Joseph A. SMEDILE, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

May 8, 1962.

Attorney(s) appearing for the Case

Leonard D. Rutstein, John M. Leonard, Jr., John F. Sembower, Chicago, Ill., for appellants.

Ramsey Clark, Asst. Atty. Gen., Raymond N. Zagone, Atty., Lands Div., U. S. Dept. of Justice, Washington, D. C., James P. O'Brien, U. S. Atty., Chicago, Ill., Roger P. Marquis, Atty., Dept. of Justice, Washington, D. C., for appellee.

Before HASTINGS, Chief Judge, and KNOCH and KILEY, Circuit Judges.

KILEY, Circuit Judge.

This is a diversity action by residents of Indiana seeking to compel defendant, a resident of Illinois, to cancel and withdraw a permit granted Midwest Steel Corporation, January 5, 1961, to build a bulkhead and fill on offshore land in Lake Michigan in Porter County, Indiana. The trial court dismissed the action and entered judgment for defendant. Plaintiffs have appealed.

Midwest applied to defendant, District Engineer, Chicago District...

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