Gould v. United States

FINDINGS OF FACT AND CONCLUSIONS OF LAW

SMITH, District Judge.

A bench trial in the above-captioned matter was held on December 27 and 28, 1997. The following constitutes the Court’s Findings of Fact and Conclusions of Law. All legal conclusions found in the Findings of Fact should be treated as legal conclusions; similarly, all factual determinations found in the Conclusions of Law should be treated as factual findings.

I. Findings of Fact

1. Longview Lake is an artificial lake located in Jackson County, Missouri, immediately south of Interstate 435 at Longview Road. The area surrounding the…