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McDONALD v. BOARD OF MISSISSIPPI LEVEE COM'RS

No. 86-4846.

832 F.2d 901 (1987)

Charles G. McDONALD, Plaintiff-Appellee, v. BOARD OF MISSISSIPPI LEVEE COMMISSIONERS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 25, 1987.

Attorney(s) appearing for the Case

Stephen L. Thomas, Lake, Tindall, Hunger & Thackston, Greenville, Miss., for defendant-appellant.

Charles B. Davis, Thomas, Price, Alston, Jones & Davis, Jackson, Miss., for plaintiff-appellee.

Before RANDALL, WILLIAMS and GARWOOD, Circuit Judges.

RANDALL, Circuit Judge:

Charles McDonald, an owner of land adjacent to the Mississippi River, sued the Board of Mississippi Levee Commissioners for unconstitutionally awarding maintenance contracts that granted grazing rights on a public easement underlying the river levee. The district court found that the state agency deprived McDonald of his property without compensation and in an arbitrary and capricious manner, and accordingly, the court awarded McDonald damages...

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