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LAVAGNINO v. PORTO-MIX CONCRETE, INC.

Civ. A. No. C-3064.

330 F.Supp. 323 (1971)

Remo LAVAGNINO, Qui Tam, Plaintiff, v. PORTO-MIX CONCRETE, INC., a Colorado Corporation, et al., Defendants.

United States District Court, D. Colorado.

August 6, 1971.

Attorney(s) appearing for the Case

Dwight K. Shellman, Jr., Aspen, Colo., for plaintiff.

Robert C. Cutter, Glenwood Springs, Colo., for defendant, Porto-Mix Concrete, Inc.

John J. Gaudio, Denver, Colo., for defendant, Esco Development Corporation.

James F. Pamp and Kenneth D. Barrows, Denver, Colo., for defendant, Denver & Rio Grande Western R. Co.

ORDER

CHILSON, District Judge.

Plaintiff, an owner of land adjacent to the Roaring Fork River, in Pitkin County, Colorado, alleges that, by various illegal acts, the defendants have caused erosion damage to his land. He seeks injunctive relief, money damages, and one-half of any fines which may be assessed against the defendants for various alleged violations of the Rivers and Harbors Act of 1899 (as amended), 33 U.S.C. Sections 410-415.

The complaint...

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