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NECHES RIVER CONSERVATION DISTRICT v. SEEMAN

No. 16661.

252 F.2d 327 (1958)

NECHES RIVER CONSERVATION DISTRICT, Appellant, v. Brigadier General L. E. SEEMAN, Division Engineer, Southwest Division, Corps of Engineers, United States Army, and Colonel Harry O. Fischer, District Engineer, Fort Worth District, Corps of Engineers, United States Army, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 27, 1958.

Attorney(s) appearing for the Case

J. Chrys Dougherty, Thomas G. Gee, Austin, Tex., for appellant.

Ireland Graves, John W. Stayton, Robert J. Hearon, Jr., Austin, Tex., for appellant.

John C. Ford, Asst. U. S. Atty., Dallas, Tex., Perry W. Morton, Asst. Atty. Gen., Roger P. Marquis, Fred W. Smith, Alfred H. O. Boudreau, Jr., Attys., Dept. of Justice, Washington, D. C., Heard L. Floore, U. S. Atty., Ft. Worth, Tex., David R. Warner, Atty., Dept. of Justice, Washington, D. C., for appellees.

Will Wilson, Atty. Gen. of Texas, James N. Ludlum, First Asst. Atty. Gen., James W. Wilson, Asst. Atty. Gen., for Texas State Board of Water Engineers, amicus curiae.

Before HUTCHESON, Chief Judge, TUTTLE, Circuit Judge, and HANNAY, District Judge.

TUTTLE, Circuit Judge.

This is an appeal from an order of the trial court dismissing a suit by the appellant seeking to enjoin the building of a dam and reservoir on the Angelina River in Texas, and is a companion case with Anderson v. Seeman, 5 Cir., 252 F.2d 321.

The appellant, plaintiff below, not attacking the constitutionality of the Rivers and Harbors Act of 1945, 50 Stat. 10, as it related to this particular dam, charges...

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