UNITED STATES v. BURTON

Civ. A. No. 83-6269.

580 F.Supp. 660 (1984)

UNITED STATES of America, Plaintiff, v. Donald W. BURTON, Monroe County Drain Commissioner, and Ayres, Lewis, Norris & May, Inc., a Michigan Corporation, and Sullivan Brothers Excavating, Inc., a Michigan Corporation, and Michael J. Reilly Equipment Corporation, (formerly John P. Reilly, Inc.), Defendants.

United States District Court, E.D. Michigan, S.D.

February 17, 1984.


Attorney(s) appearing for the Case

Geneva S. Halliday, Asst. U.S. Atty., Detroit, Mich., for plaintiff.

Kevin J. Gleeson, Sullivan, Ward & Bone, Detroit, Mich., William E. Winson, Monroe, Mich., for defendants.


MEMORANDUM OPINION AND ORDER

JOINER, District Judge.

This matter is before the Court on the defendant Ayres, Lewis, Norris & May, Inc.'s, motion to dismiss the complaint and the crossclaim of defendant Burton.

The United States filed this action under the River and Harbor Act claiming that the sewer line which was constructed across Stoney Creek in Lake Erie is of insufficient depth to permit navigation...

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