Smoot Sand & Gravel Corp. v. Washington Airport, Inc., 283 U.S. 348 (1931)

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Smoot Sand & Gravel Corp. v. Washington Airport, Inc.


No. 678


Argued April 17, 1931
Decided May 4, 1931
283 U.S. 348

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FOURTH CIRCUIT

Syllabus

1. The boundary line between Virginia and the District of Columbia is at high water mark on the Virginia side of the Potomac. Marylandv. West Virginia, 217 U.S. 577, and Marine Railway v. United States, 257 U.S. 47, 64, considered. P. 350.

2. The compact of 1785 between Maryland and Virginia gave citizens of each state rights in the shores, but did not affect the boundary in this case. P. 351.

44 F.2d 343 reversed.

Certiorari post, p. 812, to review a decree which reversed a decree of the District Court dismissing the suit for want of jurisdiction. The suit was brought by the Airport Co. in a Virginia court and was removed to the federal court. It sought to enjoin the present petitioner (which was operating under a government contract) from excavating, filling, constructing a wall, etc., on lands claimed by the airport on the south shore of the Potomac.