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LOCHMAN v. COUNTY OF CHARLEVOIX

No. 95-1930.

94 F.3d 248 (1996)

Carl LOCHMAN; Elaine Lochman, individually and on behalf of Kelli Lochman and Kyle Lochman, Plaintiffs-Appellants, v. COUNTY OF CHARLEVOIX, Jointly and Severally; and Philo Sumner, Jointly and Severally, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided September 3, 1996.

Attorney(s) appearing for the Case

Frank G. Becker (argued and briefed), Becker & Van Cleef, Southfield, MI, Arthur B. Greenstone, Birmingham, MI, for Plaintiffs-Appellants.

Dale L. Arndt (argued and briefed), Grand Rapids, MI, for Defendants-Appellees.

Before: LIVELY, KENNEDY, and SILER, Circuit Judges.

LIVELY, Circuit Judge.

This case arose out of a tragic accident in which a 12-year-old girl suffered serious and permanent injuries while diving into a lake in a public park from a pier or dock owned by Charlevoix County, Michigan. The single legal issue is whether a federal statute, section 10 of the Rivers and Harbors Appropriation Act of 1899 (the Act), 33 U.S.C. § 403 (1988), created a "right" that is enforceable in an action brought pursuant to 42 U.S.C...

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