Legal Opinion
United States v. Harrell
Court of Appeals for the Eleventh Circuit
Decided March 15, 1991No. 89-7432PublishedCited by 10 opinions
1Opinion of the Court
CLARK, Circuit Judge:
Appellants challenge the district court’s determination that Lewis Creek is not a navigable waterway of the United States. Because we agree with the district court that Lewis Creek is not navigable in fact and is not subject to the navigational servitude of the Tombigbee River, we affirm. In so concluding, we concur in the reasoning applied by the district court in reaching its decision.
*1038I. Facts
The Tombigbee River is a major artery of commerce, determined to be navigable by the United States Corps of Engineers for more than one hundred years. Lewis Creek, the subject of…
2Cases cited28 opinions
- Gibbons v. OgdenSupreme Court of the United States · 1824
- The Daniel BallSupreme Court of the United States · 1871
- United States v. Appalachian Electric Power Co.Supreme Court of the United States · 1941
- Gilman v. PhiladelphiaSupreme Court of the United States · 1866
- United States v. Rio Grande Dam & Irrigation Co.Supreme Court of the United States · 1899
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3Cited by10 opinions
- Parm v. ShumateCourt of Appeals for the Fifth Circuit · 2007
- Lykes Bros., Inc., a Florida Corporation v. United States Army Corps of EngineersCourt of Appeals for the Eleventh Circuit · 1995
- Wehby v. TurpinSupreme Court of Alabama · 1998
- MacNamara v. KISSIMMEE RIVER VALLEY ASSN.District Court of Appeal of Florida · 1994
- United States v. HarrellCourt of Appeals for the Eleventh Circuit · 1991
5 more not listed; retrieve them via the Exa API.