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U.S. v. HARRELL

No. 89-7432.

926 F.2d 1036 (1991)

The UNITED STATES of America and The United States Corps of Engineers, Walter M. Gollatte, Lewis Perry Howard, Tony Howard, Andy Parnell, and Kirk Samples, Plaintiffs-Appellants, v. C.E. HARRELL, Jr., Sidney M. Harrell, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 15, 1991.

Attorney(s) appearing for the Case

Eugene A. Seidel, Asst. U.S. Atty., Mobile, Ala., for plaintiffs-appellants.

Thomas R. Boller, Mobile, Ala., for Gollatte, et al.

John A. Bryson, U.S. Dept. of Justice, Lands Div., Appellate Section, Washington, D.C., for the U.S.

Halron W. Turner, Edward Turner, Chatom, Ala., and Louis E. Braswell, Mobile, Ala., for defendants-appellees.

J.P. Courtney, III, Lyons, Pipes & Cook, P.C., Marion A. Quina, Jr. and Neil C. Johnston, Mobile, Ala., for amicus, Alabama Wildlife, etc.

Before HATCHETT and CLARK, Circuit Judges, and MORGAN, Senior Circuit Judge.

CLARK, Circuit Judge:

Appellants challenge the district court's determination that Lewis Creek is not a navigable waterway of the United States. Because we agree with the district court that Lewis Creek is not navigable in fact and is not subject to the navigational servitude of the Tombigbee River, we affirm. In so concluding, we concur in the reasoning applied by the district court in reaching its decision.

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