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MAYNARD v. UNITED STATES THROUGH U.S. CORPS

No. 77-2744 Summary Calendar.

587 F.2d 788 (1979)

George MAYNARD, Plaintiff-Appellant, v. UNITED STATES of America Through UNITED STATES CORPS OF ENGINEERS, DEPARTMENT OF the ARMY, Defendant-Appellee, Pontchartrain Levee District, Third-Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 5, 1979.

Attorney(s) appearing for the Case

Sam O. Buckley, River Ridge, La., for plaintiff-appellant.

Robert L. Boese, Jr., Asst. U. S. Atty., John P. Volz, U. S. Atty., Robert J. Boitmann, Robert L. Boese, Jr., Asst. U. S. Attys., New Orleans, La., for defendant-appellee.

Before MORGAN, CLARK, and TJOFLAT, Circuit Judges.

PER CURIAM:

George Maynard brought suit against the United States of America pursuant to 28 U.S.C. § 2409a (1976)1 to quiet title to his "batture" land located on the left descending bank of the Mississippi River between Harahan and Kenner, Louisiana, just upriver from New Orleans. Batture is "that part of the river bed which is uncovered at the time of low water, but is covered annually at the time of ordinary high water." Boyce...

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