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FOX v. CITY OF WEST PALM BEACH

No. 23947.

383 F.2d 189 (1967)

Maurice FOX, Appellant, v. CITY OF WEST PALM BEACH, Appellee.

United States Court of Appeals Fifth Circuit.

September 26, 1967.

Attorney(s) appearing for the Case

Morris M. Schnitzer, Neward, N. J., Irvin L. Langbein, West Palm Beach, Fla., for appellant.

John M. Farrell, Palm Beach, Fla., John H. Evans, City Atty., West Palm Beach, Fla., Burns, Middleton, Rogers & Farrell, Palm Beach, Fla., for appellee.

Before JONES, GEWIN and SIMPSON, Circuit Judges.

JONES, Circuit Judge:

The appellee, City of West Palm Beach, and the nearby Town of Palm Beach, Florida, had obtained their water supplies from a private utility company. This company, commencing in 1924, used a water catchment area in a marsh west of the City. In 1949 the company constructed earthen dikes on the northern, eastern and southern sides of the portions of the marsh which it owned, leaving the western side, about seven miles

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