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COLLIER v. CITY OF SPRINGDALE

No. 83-1567.

733 F.2d 1311 (1984)

Barron COLLIER, d/b/a Ozark Trout Farm, Appellee, v. CITY OF SPRINGDALE, Walter Turbo, Larry Clinkscales, Harold Henson, The Board of Directors of the City of Springdale, Springdale Water & Waste, a/k/a Springdale Water & Sewage Commission, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided May 8, 1984.

Rehearing Denied June 5, 1984.

Attorney(s) appearing for the Case

Thurston A. Thompson, Springdale, Ark., for appellant.

Richard Hipp, Fayetteville, Ark., for appellee.

Before McMILLIAN, JOHN R. GIBSON and BOWMAN, Circuit Judges.

McMILLIAN, Circuit Judge.

The City of Springdale and the Springdale Water and Sewage Commission appeal from a final judgment entered in the District Court for the Western District of Arkansas after a jury trial awarding Barron Collier $36,740.00 for damages he sustained as the result of two sewage discharges. For reversal appellants argue that although Collier's property has been appropriated for public use, Arkansas law protects his constitutional right to just compensation...

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