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UNITED STATES v. CROW, POPE AND LAND ENTERPRISES, INC.

No. 72-2381.

474 F.2d 200 (1973)

UNITED STATES of America, Plaintiff-Appellant, v. CROW, POPE AND LAND ENTERPRISES, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

As Amended March 8, 1973.

Attorney(s) appearing for the Case

John W. Stokes, Jr., U. S. Atty., Atlanta, Ga., Kent Frizzell, Asst. Atty. Gen., Carl Strass, Atty., Raymond N. Zagone, Edmund B. Clark, Dept. of Justice, Washington, D. C., for plaintiff-appellant.

Moreton Rolleston, Jr., Atlanta, Ga., for defendant-appellee.

Before GODBOLD, DYER and CLARK, Circuit Judges.

DYER, Circuit Judge:

This is an appeal from the district court's decision, 340 F.Supp. 25, that the "Chattahoochee River between Peachtree Creek and Buford Dam is not a navigable water of the United States within the meaning of 33 U.S.C.A. §§ 403 and 407, and, therefore, the defendant . . is not subject to the provisions of those statutes." We dismiss the appeal for want of jurisdiction.

The United States seeks...

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