FRUIN-COLNON CORP. v. VOGT

Civ. No. 78-4191.

500 F.Supp. 606 (1980)

FRUIN-COLNON CORPORATION and Granite Construction Company, d/b/a A Joint Venture, Plaintiffs, v. Bernard J. VOGT, James H. Vogt, Norbert Vogt, and Sharon K. Vogt, Defendants.

United States District Court, S. D. Illinois.

October 22, 1980.


Attorney(s) appearing for the Case

Michael E. Wilson and James L. Hawkins, Greensfelder, Hemker, Wiese, Gale & Chappelow, St. Louis, Mo., Allan Goodloe, Jr., Pope & Driemeyer, Belleville, Ill., for plaintiffs.

Michael V. Frierdich, Zimmer & Frierdich, Columbia, Ill., David B. Stutsman, Walker & Williams, Belleville, Ill., for defendants.


ORDER

FOREMAN, Chief Judge:

This case presents before the Court a narrow issue of law: whether activity on a navigable waterway by construction barges building a bridge paid for almost entirely by federal money yet contracted by the State, can constitute a trespass on an adjacent owner's riparian rights in the riverbed and shore.

Plaintiffs' complaint sought declaratory, injunctive and damage relief in the following requests: (1) a declaration that...

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