United States v. Willis

SOPER, Circuit Judge.

John A. Willis is the owner of 1468 acres of land abutting the Great Kanawha River for 6,000 feet near Coalburg, West Virginia. Marmet Dam, authorized by the Rivers and Harbors Act of 1930, 46 Stat. 918, 928, to provide a 9 foot channel in the river, was put into operation on May 12, 1934. It raised the level of the river 12 feet opposite the Willis property and submerged a portion of it; and Willis brought this suit under the Tucker Act for damages. See, 28 U.S.C.A. § 41(20); § 762 to § 765.

The District Judge entered a judgment for the plaintiff in the sum of $10,000…