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UNITED STATES v. ILLINOIS TERMINAL R. CO.

No. 79-1530C (4).

501 F.Supp. 18 (1980)

UNITED STATES of America, Plaintiff, v. ILLINOIS TERMINAL RAILROAD COMPANY, Defendant.

United States District Court, E. D. Missouri, E. D.

April 29, 1980.

Attorney(s) appearing for the Case

Anne Travis Shapleigh, Asst. U. S. Atty., St. Louis, Mo., for plaintiff.

George E. Lee, Doris J. Banta, Barnard & Baer, St. Louis, Mo., for defendant.

MEMORANDUM

HUNGATE, District Judge.

This matter is before the Court on defendant's motion to dismiss. For the reasons stated below, defendant's motion will be denied.

The United States brings this action to recover the cost of removing an alleged obstruction to the navigable waters on the Illinois River in violation of the River and Harbor Appropriation Act of 1899, now 33 U.S.C. § 403. The government also seeks to recover damages under federal...

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