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FRUIN COLNON CORP. v. VOGT

Civ. No. 78-4191.

541 F.Supp. 1264 (1982)

FRUIN COLNON CORPORATION and Granite Construction Company, d/b/a a joint venture, Plaintiffs, v. Bernard J. VOGT, et al., Defendants.

United States District Court, S. D. Illinois.

June 22, 1982.

Attorney(s) appearing for the Case

Michael E. Wilson and James L. Hawkins, Greesfelder, Hemker, Wiese, Gale & Chappelow, St. Louis, Mo., Allan Goodloe, Jr., Pope & Driemeyer, Belleville, Ill., for plaintiffs.

Michael V. Frierdich, Zimmer & Frierdich, Columbia, Ill., David Stutsman, Walker & Williams, Belleville, Ill., for defendants.

ORDER

FOREMAN, Chief Judge:

This matter is before the Court pursuant to an order granting a new trial on the issue of whether plaintiffs' construction activities fall within the scope of the federal navigational servitude and is thus beyond the reach of the state trespass laws. In the order issued on October 22, 1980, by this Court, following a non-jury trial, the question presented by the case was framed in this language:

whether activity on a...

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