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STATE OF FLA., ETC. v. CHARLEY TOPPINO & SONS, INC.

No. 74-1352.

514 F.2d 700 (1975)

STATE OF FLORIDA BOARD OF TRUSTEES OF the INTERNAL IMPROVEMENT TRUST FUND, Plaintiff-Appellant, v. CHARLEY TOPPINO AND SONS, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 30, 1975.

Attorney(s) appearing for the Case

Kenneth G. Oertel, Gen. Coun., Florida Bd. of Trustees of the Int. Imp. Trust Fund, Tallahassee, Fla., for plaintiff-appellant.

Joseph C. Jacobs, Robert J. Angerer, Tallahassee, Fla., for defendant-appellee.

Before GEWIN, BELL and CLARK, Circuit Judges.

BELL, Circuit Judge:

Appellant Board of Trustees filed suit in district court against Charley Toppino and Sons, Inc., alleging wrongful excavation by Toppino of appellant's land lying beneath the navigable waters of the Bay of Florida. The excavation having taken place four years earlier, appellant sought a mandatory injunction to require restoration of the excavated land to its original state. Alternatively, appellant sought...

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