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

Court of Appeals for the Fifth Circuit·Decided March 28, 1972·No. 71-2498·Published·Cited by 14 cases

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.

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

Pincite

456 F.2d 1294 (T. W. Guthrie v. Alabama By-Products Company) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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