Mississippi v. Louisiana Page 14

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Audio Transcription for Oral Argument - November 09, 1992 in Mississippi v. Louisiana

James W. McCartney:

--At the Joint Appendix page 98 and 99 our expert witness so testifies that the island has never disappeared.

It says in place in 1988 and remained in place throughout the entire period and is still there today.

So there was certainly evidence on which the district court could have rendered its fact finding.

And, with respect, we submit that this is not an accretion case at all.

This is a case of an island that has migrated from one point to another.

Migration out of its original location does not constitute disappearance.

We have the same body of land.

We have facts to support that finding.

That finding was not clearly erroneous.

Thank you.

William H. Rehnquist:

Thank you, Mr. McCartney.

The case is submitted.