United States v. Village of Little Chute, Wisconsin and Paul Kostka, President of the Village

HASTINGS, Circuit Judge.

This action was brought by the United States to enjoin obstruction of navigation in a canal on the Fox river in Wisconsin. The court dismissed the action as to two defendants and enjoined the remaining two, Village of Little Chute, Wisconsin, and Paul Kostka, President of the Village, appellants here. They appeal from that judgment, asserting errors in the statement of conclusions of law, in failure to find certain facts, and in exclusion of certain evidence.

The canal here involved is a navigable waterway of the United States, built to carry traffic around obstruction…