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LANDOWSKI v. GRAND TRUNK WESTERN R. CO.

No. 85-1649.

822 F.2d 600 (1987)

Michael LANDOWSKI and Diane Landowski, Plaintiffs-Appellants, v. GRAND TRUNK WESTERN RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 24, 1987.

Attorney(s) appearing for the Case

Robert N. Dunn (argued), Detroit, Mich., Jaimie A. Kleinstiver, for defendant-appellee.

James C. Howell (argued), Otto and Otto, Saginaw, Mich., for plaintiffs-appellants.

Before NELSON and RYAN, Circuit Judges, and ENSLEN, District Judge.

RYAN, Circuit Judge.

The Landowskis appeal the trial court's dismissal of their action alleging that defendant Grand Trunk Western Railroad Company ("the Railroad") maintained a nuisance upon the navigable waters of the Saginaw River which caused a boating accident in which Michael Landowski was injured. The trial court dismissed the action on the ground that the nuisance existed pursuant to a permit issued to the Railroad by the federal government and that, as a...

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