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PALMER v. OHIO

No. 260.

248 U.S. 32 (1918)

39 S.Ct. 16

63 L.Ed. 108

PALMER ET AL. v. STATE OF OHIO.

Supreme Court of United States.

Motion to affirm submitted October 28, 1918.

Attorney(s) appearing for the Case

Mr. Clarence D. Laylin and Mr. Frank Davis, Jr., for defendant in error, submitted the motion. Mr. Joseph McGhee, Attorney General of the State of Ohio, was also on the brief.

Mr. I.F. Raudabaugh and Mr. John G. Romer, for plaintiffs in error, in opposition to the motion.

MR. JUSTICE CLARKE delivered the opinion of the court.

The plaintiffs in error sued the State of Ohio for damages for flooding lands by elevating the spillway of a state-maintained dam. The Supreme Court of the State affirmed the action of the lower courts in dismissing the petition on the ground that the State had not consented so to be sued, and we are asked to review this decision.

The plaintiffs in error agree, as they must, that their suit cannot be maintained...

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