T. W. Guthrie v. Alabama By-Products Company

Fifth Circuit

T. W. Guthrie v. Alabama By-Products Company

456 F.2d 1294, 3 ERC 1950

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 28, 1972

Docket71-2498

StatusPublished

Cited by14 cases

This text of 456 F.2d 1294 (T. W. Guthrie v. Alabama By-Products Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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T. W. Guthrie v. Alabama By-Products Company, 456 F.2d 1294, 3 ERC 1950 (5th Cir. 1972).

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Opinion

PER CURIAM:

This is an appeal from the judgment of the district court dismissing appellants’ complaint for want of federal question or diversity jurisdiction. Appellants primarily complain of the district court’s holding that a private civil action brought by individuals damaged by defendants’ polluting certain streams and rivers did not state a federal right of action or supply federal question jurisdiction pursuant to the Rivers and Harbors Appropriation Act of 1899, 33 U.S.C.A. § 407, unless defendants’ conduct constituted an interference with navigation by which plaintiffs were injured. We affirm on the basis of the district court’s well-reasoned opinion, reported at 328 F. Supp. 1140.

Affirmed.

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PER CURIAM:

This is an appeal from the judgment of the district court dismissing appellants’ complaint for want of federal question or diversity jurisdiction. Appellants primarily complain of the district court’s holding that a private civil action brought by individuals damaged by defendants’ polluting certain streams and rivers did not state a federal right of action or supply federal question jurisdiction pursuant to the Rivers and Harbors Appropriation Act of 1899, 33 U.S.C.A. § 407, unless defendants’ conduct constituted an interference with navigation by which plaintiffs were injured. We affirm on the basis of the district court’s well-reasoned opinion, reported at 328 F. Supp. 1140.

Affirmed.

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456 F.2d 1294, 3 ERC 1950, Counsel Stack Legal Research, https://law.counselstack.com/opinion/t-w-guthrie-v-alabama-by-products-company-ca5-1972.

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