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CITY OF EUFAULA, ALABAMA v. UNITED STATES

No. 19534.

313 F.2d 745 (1963)

CITY OF EUFAULA, ALABAMA, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

January 17, 1963.

Attorney(s) appearing for the Case

Alto V. Lee, III, Dothan, Ala., Archie I. Grubb, Eufaula, Ala., for appellant.

Ramsey Clark, Asst. Atty. Gen., Roger P. Marquis, S. Billingsley Hill, George S. Swarth, A. Donald Milour, Attys., Dept. of Justice, Washington, D. C., Hartwell Davis, U. S. Atty., Montgomery, Ala., for appellee.

Before RIVES, CAMERON and BROWN, Circuit Judges.

CAMERON, Circuit Judge.

The question presented on appeal here is whether there was such a "taking" by the United States of the sewerage system of the City of Eufaula, Alabama as to make it liable for the costs of a treatment plant when the States of Alabama and Georgia ordered the City to cease dumping raw sewage into the Chattahoochee River upon the impounding of its waters adjacent to the City by the government. The United States is constructing a lock and dam in...

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