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REID v. UNITED STATES

Nos. 81-1112, 81-2613, 81-2850 and 81-2852.

715 F.2d 1148 (1983)

Ben REID, Plaintiff-Appellant, v. UNITED STATES of America, the State of Indiana, and Floyd County Commissioners, Defendants-Appellees. Bruce K. LORCH, Plaintiff-Appellant, v. UNITED STATES of America, State of Indiana, and Jefferson County Commissioners, Defendants-Appellees. Maurice C. and Mary F. SMITH, Plaintiffs-Appellants, v. UNITED STATES of America, Defendants-Appellees. Dorothy WINKLER, Plaintiff-Appellant, v. UNITED STATES of America, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

August 16, 1983.

As Amended August 22, 1983.

Rehearing Denied October 20, 1983.

Attorney(s) appearing for the Case

Charles Gleason, Indianapolis, Ind., for plaintiffs-appellants.

Brenda Franklin Rodeheffer, Deputy Atty. Gen., Indianapolis, Ind., Thomas W. Yoder, Edward J. Liptak, Fort Wayne, Ind., Bruce E. Cissna, Dale, Ind., Maria A. Iizuka, Dirk D. Snel, Dept. of Justice, Land & Natural Resources, Washington, D.C., Margaret Smith, Rockport, Ind., Max C. Mason, New Albany, Ind., Virginia Dill McCarty, Bradley L. Williams, Michael Schaefer, Linley E. Pearson, Sarah Evans Barker, Indianapolis, Ind., for defendants-appellees.

Before CUMMINGS, Chief Judge, and PELL and COFFEY, Circuit Judges.

CUMMINGS, Chief Judge.

These four consolidated cases present a unified attack alleging that the United States and others are trespassing on land owned by the appellants along the banks of the Ohio River. The alleged trespass has occurred due to the construction and operation by the United States of high-lift navigation dams along the Ohio River. The appellants brought their initial petitions for injunctive relief in Indiana state courts, requesting an injunction directing...

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