UNITED STATES v. BOYDEN

No. 81-4553.

696 F.2d 685 (1983)

UNITED STATES of America, Plaintiff-Appellant, v. Robert E. BOYDEN and Jean Boyden, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 10, 1983.


Attorney(s) appearing for the Case

Martin W. Matzen, Washington, D.C., for plaintiff-appellant.

Steven J. Howell, Oroville, Cal., argued, Martin W. Matzen, Washington, D.C., on brief, for defendants-appellees.

Before MERRILL, Senior Circuit Judge, KASHIWA and WALLACE, Circuit Judges.


KASHIWA, Circuit Judge:

This case, on appeal from the United States District Court for the Northern District of California, raises the issue whether the houseboats built by the appellees may be considered structures subject to the provisions of Section 10 of the Rivers and Harbors Appropriation Act of 1899, 33 U.S.C. § 403. Jurisdiction of this court is governed by 28 U.S.C. § 1291.

Appellees, Robert and Jean Boyden, own two waterfront lots on Bethel...

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