Opinion · Court of Appeals for the Fifth Circuit

T. W. Guthrie v. Alabama By-Products Company

456 F.2d 1294

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1972-03-28
Topic
general

PER CURIAM: This is an appeal from the judgment of the district court dismissing appellants’ complaint for want of federal question or diversity jurisdiction. Appellants primarily complain of the district court’s holding that a private civil action brought by individuals damaged by defendants’ polluting certain streams and rivers did not state a federal right of action or supply federal question jurisdiction pursuant to the Rivers and Harbors Appropriation Act of 1899, 33 U.S.C.A. § 407, unless defendants’ conduct constituted an interference with navigation by which plaintiffs were injured. We affirm on the basis of the district court’s well-reasoned opinion, reported at 328 F. Supp. 1140. Affirmed.

Citator

UpLaw has not yet analyzed T. W. Guthrie v. Alabama By-Products Company. The absence of a flag is not a finding that it is good law.

Authority status
pending
Cited by
14 opinions
GUTHRIE v. ALABAMA BY-PRODUCTS COMPANY,456 F.2d 1294(5th Cir. 1972)
T. W. GUTHRIE ET AL., PLAINTIFFS-APPELLANTS, v. ALABAMA BY-PRODUCTS COMPANY
ET AL., DEFENDANTS-APPELLEES.
No. 71-2498.
United States Court of Appeals, Fifth Circuit.
March 28, 1972.
Page 1295
Roscoe B. Hogan, Frank M. Bainbridge, L. Drew Redden, Charles E. Clark, Bainbridge Mims, Birmingham, Ala., for plaintiffs-appellants.

Cabaniss, Johnston, Gardner Clark, L. Murray Alley, Fournier J. Gale, III, Thomas, Taliaferro, Forman, Burr Murray, Robert G. Tate, Birmingham, Ala., Rushton, Stokely, Johnston Garrett, J. M. Williams, Jr., Montgomery, Ala., Bradley, Arant, Rose White, Birmingham, Ala., Volz, Copauano, Wampold Prestwood, William B. Moore, Jr., Charles H. Volz, Jr., Montgomery, Ala., E. M. Ziedman, Birmingham, Ala., Huie, Fernambucq Stewart, W. B. Fernambucq, Macbeth Wagnon, Jr., John H. Morrow, John D. Clements, Birmingham, Ala., for defendants-appellees.
Appeal from the United States District Court for the Northern District of Alabama.
Before THORNBERRY, COLEMAN and INGRAHAM, Circuit Judges.
PER CURIAM:
[1] This is an appeal from the judgment of the district court dismissing appellants' complaint for want of federal question or diversity jurisdiction. Appellants primarily complain of the district court's holding that a private civil action brought by individuals damaged by defendants' polluting certain streams and rivers did not state a federal right of action or supply federal question jurisdiction pursuant to the Rivers and Harbors Appropriation Act of 1899,33 U.S.C.A. § 407, unless defendants' conduct constituted an interference with navigation by which plaintiffs were injured. We affirm on the basis of the district court's well-reasoned opinion, reported at328 F. Supp. 1140.

[2] Affirmed.