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MOORE v. HAMPTON ROADS SANITATION

Nos. 75-1576 to 75-1578.

557 F.2d 1030 (1976)

William A. MOORE et al., Appellants, v. HAMPTON ROADS SANITATION DISTRICT COMMISSION and City of Newport News, Appellees. William A. MOORE et al., Appellees, v. HAMPTON ROADS SANITATION DISTRICT COMMISSION, Appellant, and City of Newport News, Defendant. William A. MOORE et al., Appellees, v. The CITY OF NEWPORT NEWS, Appellants, and Hampton Roads Sanitation District Commission, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided October 7, 1976.

Reargued March 15, 1977.

On Rehearing July 13, 1977.

Attorney(s) appearing for the Case

William Mills Krieger, Newport News, Va. (Edward J. Passarelli, Richard Cornelius, Newport News, Va., C. Jackson Simmons, White Stone, Va., and James S. Insley, Poquoson, Va., Alfred Pelaez, Pittsburgh, Pa., Duquesne University School of Law, on brief), for appellants in No. 75-1576 and appellees in Nos. 75-1577 and 75-1578.

Herbert V. Kelly, Newport News, Va. (E. D. David, Newport News, Va., W. M. Martin, III, Hampton, Va., Jones, Blechman, Woltz & Kelly, Newport News, Va., on brief), for appellees in Nos. 75-1576 and appellants in Nos. 75-1577 and 75-1578.

Before CRAVEN, Circuit Judge, FIELD, Senior Circuit Judge, and THOMSEN, Senior District Judge.

Reargued En Banc March 15, 1977.

On Rehearing En Banc July 13, 1977.

THOMSEN, Senior District Judge.

Claiming jurisdiction under 28 U.S.C. 1331 (federal question jurisdiction) and 28 U.S.C. 1333 (admiralty and maritime jurisdiction), plaintiffs' complaint alleged that the value of oyster beds in the Warwick River leased to them by the Commonwealth of Virginia has been destroyed as a result of improper operation of a sewage disposal system by defendants...

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