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Guthrie v. Alabama By-Products Co.

Citation: 2 ELR 20151
No. No. 71-2498, 456 F.2d 1294/3 ERC 1950/(5th Cir., 03/07/1972) Aff'd per curiam

District court dismissal for lack of jurisdiction of a suit alleging injury to riparian rights by upstream industrial polluters is affirmed, because the Rivers and Harbors Act of 1899 does not create a federal cause of action to protect a private right unrelated to navigation or anchorage. District court opinion is reported at 1 ELR 20334.

Before THORNBERRY, COLEMAN and INGRAHAM, Circuit Judges.