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KRAFT v. BURR

Record No. 951678.

476 S.E.2d 715 (1996)

252 Va. 273

Charles A. KRAFT, Jr. v. Ethridge E. BURR, et al.

Supreme Court of Virginia.

September 13, 1996.

Attorney(s) appearing for the Case

Terry N. Grimes (King, Fulghum, Snead, Nixon & Grimes, on briefs), Roanoke, for appellant.

Thomas T. Lawson; Michael F. Urbanski (Frank K. Friedman: Clark H. Worthy; Woods, Rogers & Hazlegrove, on brief), Roanoke, for appellees.

Friends of the Rivers of Virginia; Float Fishermen of Virginia, Roanoke Chapter; Headwaters Watch; Trout Unlimited; American Fisheries Society, Virginia Chapter; American Whitewater Affiliation (David S. Bailey, on brief), in support of appellant, Amici Curiae.

Virginia Farm Bureau Federation (R. Hewitt Pate; Sarah C. Johnson; Hunton & Williams, on brief), Richmond, in support of appellees, Amicus Curiae.

Present: CARRICO, C.J., COMPTON, LACY, HASSELL, KEENAN, and KOONTZ, JJ., and WHITING, Senior Justice.

HENRY H. WHITING, Senior Justice.

In this appeal, the primary issues are whether letters of patent from two English monarchs, acting through their royal governors, could and did grant exclusive fishing rights in a navigable river, and, if so, whether the complainants are the successors in title to the patentees and can assert those rights to prohibit the public from fishing in the part of the river running over their land...

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