STEARNS v. SMITH

Civ. A. No. H-78-1262.

551 F.Supp. 32 (1982)

Stanley D. STEARNS, Plaintiff, v. G.H. SMITH, Charles R. Haile Associates, Inc., Defendants.

United States District Court, S.D. Texas, Houston Division.

September 3, 1982.


Attorney(s) appearing for the Case

Donald Gunn, Gunn & Lee, Houston, Tex., for plaintiff.

Billy E. Lee, Asst. County Atty., Houston, Tex., for G.H. Smith.

John M. Zukowski, Byrnes, Myers, Adair, Campbell & Sinex, Houston, Tex., for Charles R. Haile Associates.


FINDINGS OF FACT AND CONCLUSIONS OF LAW

McDONALD, District Judge.

This action was tried before the Court without a jury on September 8, 9, and 10, 1981. Plaintiff seeks damages for violation of his constitutional rights under the Fifth and Fourteenth Amendments, pursuant to 42 U.S.C. § 1983, and under the theories of negligence, strict liability, trespass and nuisance. He claims that defendants' modification of Spring Branch Creek by construction of...

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