LOVING v. ALEXANDER

Civ. A. No. 79-0254.

548 F.Supp. 1079 (1982)

Robert J. and Bettie H. LOVING, et al., Plaintiffs, v. Clifford ALEXANDER, Secretary, Department of the Army, et al., Defendants.

United States District Court, W. D. Virginia.

September 30, 1982.


Attorney(s) appearing for the Case

William T. Wilson, Covington, Va., William B. Poff, Law Offices, Woods, Rogers, Muse, Walker & Thornton, Roanoke, Va., for plaintiffs.

Jean B. Weld, Asst. U. S. Atty., Roanoke, Va., Richard W. Smith, Timberlake, Smith, Thomas & Moses, Staunton, Va., for defendants.


OPINION

TURK, Chief Judge.

This action is brought by approximately sixty-seven riparian owners along a segment of the Jackson River in Alleghany County, Virginia, against the Secretary of the Department of Army, the United States Corps of Engineers, and three officers of the Department of Army. Plaintiffs seek a judgment declaring that the Jackson River is nonnavigable from the mouth of Dunlap Creek at Covington to the base of the Gathright Dam (hereafter...

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