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KLUTZ v. BEAM

Civ. No. 3011.

374 F.Supp. 1129 (1973)

Grady KLUTZ, Plaintiff, v. Messrs. BEAM and Tatum, agents and employees of the North Carolina Wildlife Resources Commission, Defendants.

United States District Court, W. D. North Carolina, Charlotte Division.

Decided September 26, 1973.

Attorney(s) appearing for the Case

George S. Daly, Jr., and Walter H. Bennett, Jr., Casey & Daly, P.A., Charlotte, N. C., for plaintiff.

Robert Morgan, Atty. Gen., Millard R. Rich, Jr., Asst. Atty. Gen., North Carolina Dept. of Justice, Raleigh, N. C., for defendants.

Before CRAVEN, Circuit Judge, GORDON, Chief Judge, and McMILLAN, District Judge.

MEMORANDUM OF DECISION FOR THREE-JUDGE COURT

McMILLAN, District Judge.

Grady Klutz filed this suit seeking a declaration that the defendants unlawfully boarded and inspected his 46-foot boat, the "WAHOO," on Lake Norman, a sizeable inland lake near Charlotte, North Carolina, created by a Duke Power Company dam. He also seeks restraint against further boarding of vessels except pursuant to search warrant, and other relief, including counsel fees.

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