CITY OF DEMOPOLIS, ALABAMA v. UNITED STATES

No. 470-60.

334 F.2d 657 (1964)

The CITY OF DEMOPOLIS, ALABAMA v. The UNITED STATES.

United States Court of Claims.

July 17, 1964.


Attorney(s) appearing for the Case

J. E. Palmour, Jr., Gainesville, Ga., for plaintiff.

David R. Warner, Washington, D. C., with whom was Ramsey Clark, Asst. Atty. Gen., for defendant. Arthur W. Ayers, Jr., was on the brief.

Before JONES, Senior Judge, and WHITAKER, LARAMORE, DURFEE and DAVIS, Judges.


WHITAKER, Judge.

Plaintiff is an incorporated municipality situated on a bluff overlooking the Tombigbee River in Alabama. In 1904 it constructed and has since operated a gravity sewage disposal system, consisting of drainage pipes running throughout the city and emptying into the river through three outfalls. Through these outfalls, plaintiff has discharged its raw sewage into the river.

Both parties admit that the river is a navigable stream.

In...

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