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BALLARD FISH & OYSTER CO. v. GLASER CONSTRUCTION CO.

No. 13636.

424 F.2d 473 (1970)

BALLARD FISH & OYSTER COMPANY, Inc., Appellant, v. GLASER CONSTRUCTION COMPANY, Inc., and Commonwealth Natural Gas Corporation, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 15, 1970.

Attorney(s) appearing for the Case

Robert R. MacMillan, Norfolk, Va. (E. Leslie Cox and Breeden, Howard & MacMillan, Norfolk, Va., on the brief), for appellant.

R. M. Hughes, III, Norfolk, Va. (Seawell, McCoy, Winston & Dalton, L. S. Parsons, and Parsons, Steffen & Moore, Norfolk, Va., on the brief), for appellees.

Before SOBELOFF, BOREMAN, and BUTZNER, Circuit Judges.

BUTZNER, Circuit Judge:

Ballard Fish and Oyster Co., Inc., brought this action against Glaser Construction Co., Inc., and Commonwealth Natural Gas Corporation for damages caused by laying a gas pipeline through Ballard's oyster bed in the James River. The district court granted the defendants' motion to dismiss the complaint for lack of jurisdiction on the ground that Ballard's complaint against Commonwealth did not present a federal question. We reverse.

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