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GRANT v. UNITED STATES

Civ. Nos. 372, 378, 379.

92 F.Supp. 369 (1950)

GRANT et al. v. UNITED STATES.

United States District Court E. D. North Carolina, Wilmington Division.

September 1, 1950.

Attorney(s) appearing for the Case

James & James, and Isaac C. Wright, all of Wilmington, N. C., Ed Summersill, Jacksonville, N. C., for plaintiffs.

John H. Manning, U. S. Atty., Raleigh, N. C., Howard H. Hubbard, Asst. U. S. Atty., Clinton, N. C., Logan D. Howell, Asst. U. S. Atty., Raleigh, N. C., for defendant.

GILLIAM, District Judge.

The plaintiffs in each of these cases allegedly suffered damages to their cultivated oyster beds on bottoms in Alligator Bay and Stump Sound, leased from the State of North Carolina, as a result of the dumping of sewage and laundry waste from Camp Davis into Goose Creek, Barlow Creek, and King Creek, which are tidal waters. The Government has filed a motion to dismiss under Rule 12(c), Federal Rules of Civil Procedure, 28 U.S.C.A., in each...

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