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MILLER v. UNITED STATES

No. 66-75.

550 F.Supp. 669 (1982)

Charles M. MILLER v. The UNITED STATES.

United States Claims Court.

October 19, 1982.

Attorney(s) appearing for the Case

H. Clay Robinson, Fort Smith, Ark., attorney of record, for plaintiff. Pryor, Robinson, Taylor & Barry, Fort Smith, Ark., of counsel.

John E. Lindskold, Washington, D.C., with whom was Asst. Atty. Gen. Carol E. Dinkins, Washington, D.C., for defendant.

OPINION

COLAIANNI, Judge:

Plaintiff in this case has alleged a "taking" by the Government of a flowage and underflowage easement on farm property riparian to the Arkansas River in Perry County, Arkansas. Plaintiff's complaint is that his land suffers increased flooding and duration of flooding as a result of the operation of the McClellan-Kerr Arkansas River Navigation System. He further maintains that the project has raised the ground water table under...

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