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ANCARROW v. CITY OF RICHMOND

Nos. 78-1178, 78-1191.

600 F.2d 443 (1979)

Newton H. ANCARROW and Josephine Ancarrow, Appellants, v. CITY OF RICHMOND, Appellee. Newton H. ANCARROW and Josephine Ancarrow, Appellees, v. CITY OF RICHMOND, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 5, 1979.

Attorney(s) appearing for the Case

Stephen D. Annand, Fairfax, Va. (Robert C. Dunn, Cohen, Vitt & Annand, P. C., Alexandria, Va., on brief), for appellants in 78-1178 and appellees in 78-1191.

C. Tabor Cronk, Asst. City Atty., Richmond, Va. (Albert J. FitzPatrick, Asst. City Atty., Richmond, Va., on brief), for appellee in 78-1178 and appellant in 78-1191.

K. K. HALL, Circuit Judge:

Plaintiffs Newton H. and Josephine Ancarrow filed suit in district court against the City of Richmond and various city officials, alleging that the city's continuing pollution of the James River had rendered their property, developed as a marina, valueless for this particular use—a "taking" in the constitutional sense. Federal jurisdiction was invoked under admiralty law, federal common law, 42 U.S.C. § 1983 and the fourteenth...

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