Legal Opinion
Simmons v. United States
District Court, W.D. Kentucky
Decided September 29, 1939No. 2320PublishedCited by 6 opinions
1Opinion of the Court
MILLER, District Judge.
In this action the plaintiff is seeking to recover for the value of his real estate *286which he alleges has been taken by the United States by reason of its construction of Dam No. 43 across the Ohio River below West Point, Kentucky, which raised the pool level of the river 14.5 feet above the ordinary high water mark as it previously existed. Federal jurisdiction is claimed by Section 41, subsection 20 of Title 28 U.S.C.A. known as the Tucker Act. The plaintiff has demanded a trial by jury, which is objected to by the defendant.
The statute referred to specifically…
2Cases cited9 opinions
- McElrath v. United StatesSupreme Court of the United States · 1880
- Kawananakoa v. PolyblankSupreme Court of the United States · 1907
- United States v. JonesSupreme Court of the United States · 1889
- Reid v. United StatesSupreme Court of the United States · 1909
- Bates Manufacturing Co. v. United StatesSupreme Court of the United States · 1938
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3Cited by6 opinions
- James Ray McCraw v. United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada and Local 43 of United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, James Ray McCraw v. Local 43 of the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and CanadaCourt of Appeals for the Sixth Circuit · 1965
- Empire State Insurance Company v. Phillip ChafetzCourt of Appeals for the Fifth Circuit · 1962
- 4 Fair empl.prac.cas. 368, 4 Empl. Prac. Dec. P 7652 John McFerren Jr., and United States of America, Plaintiff-Intervenor, and Mrs. Mable C. Walker, Intervening v. County Board of Education of Fayette County, TennesseeCourt of Appeals for the Sixth Circuit · 1972
- McCraw v. United Ass'n of JourneymenCourt of Appeals for the Sixth Circuit · 1965
- Geneux v. Texas & Pacific Ry. Co.District Court, W.D. Louisiana · 1951
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