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LEVINGSTON SHIPBUILDING COMPANY v. AILES

No. 22913.

358 F.2d 944 (1966)

LEVINGSTON SHIPBUILDING COMPANY, Appellant, v. The Honorable Stephen AILES, Secretary of the Army, et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 17, 1966.

Attorney(s) appearing for the Case

George W. Brown, Jr., Beaumont, Tex., William C. Harvin, Houston, Tex., Baker, Botts, Shepherd & Coates, Houston, Tex., of counsel, for appellant.

Wm. Wayne Justice, U. S. Atty., Tyler, Tex., Edwin L. Weisl, Jr., Asst. Atty. Gen., Roger P. Marquis, A. Donald Mileur, Attys., Dept. of Justice, Washington, D. C., Richard B. Hardee, Asst. U. S. Atty., Tyler, Tex., David D. Hochstein, Atty., Dept. of Justice, Washington, D. C., for appellees.

Quentin Keith, Beaumont, Tex., amicus curiæ.

Before HUTCHESON and GEWIN, Circuit Judges, and WEST, District Judge.

HUTCHESON, Circuit Judge:

By this suit Levingston Shipbuilding Company seeks to eliminate or modify the proposed fixed span bridge across the Sabine-Neches Waterway at Port Arthur, Texas. The district court dismissed the suit and entered judgment accordingly.1 In complete agreement with this decision, we affirm.

The material facts are neither complex nor conflicting. Presently the Sabine-Neches Waterway is spanned by a thirty-five...

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