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West Virginia Pulp and Paper Company, of Delaware v. Duncan W. Peck, Individually and as Superintendent of Public Works, State of New York
Decision amended to read as follows: Judgment unanimously affirmed, with costs. Opinion by Cochrane, J. [See 189 App. Div. 286, 296.1 The court disapproves of any finding to the effect that the river at the location of the plaintiff’s dam is not navigable in fact, and finds as a fact that the river at that place is and was navigable in fact and in law.