T. W. GUTHRIE ET AL., PLAINTIFFS-APPELLANTS,
v.
ALABAMA BY-PRODUCTS COMPANY ET AL., DEFENDANTS-APPELLEES

5th Cir. | 1972-03-28
No. 71-2498
456 F.2d 1294 Court of Appeals for the Fifth Circuit (1972) Positive Treatment
Cited by 5 cases

Opinion of the Court
PER CURIAM:

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.


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