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SWANSON v. UNITED STATES

No. 85-3718.

789 F.2d 1368 (1986)

Frances L. SWANSON, et al., Plaintiffs/Appellants, v. UNITED STATES of America, et al., Defendants/Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 16, 1986.

Attorney(s) appearing for the Case

Steven L. Herndon, Sandpoint, Idaho, for plaintiffs/appellants.

Carl Strass, Jacques B. Gelin, Robert L. Klarquist, Dept. of Justice, Land & Natural Resources Div., Washington, D.C., for defendants/appellees.

Before WALLACE and THOMPSON, Circuit Judges, and STEPHENS, District Judge.

STEPHENS, District Judge:

Before 1950, Lake Pend Oreille in Idaho was a navigable water of the United States with an ordinary high water level of 2051 feet above mean sea level. In 1950 Congress passed the Flood Control Act, Pub.L. No. 81-516, 64 Stat. 163, 170 (1950). Under its authority, the United States Army Corps of Engineers constructed the Albeni Falls Dam and Reservoir Project at the west end of Lake Pend Oreille. The purposes of the Project were to provide...

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