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COASTAL PETROLEUM CO. v. SECRETARY OF ARMY OF U. S.

Nos. 68-951-Civ., 69-699-Civ. (consolidated).

315 F.Supp. 845 (1970)

COASTAL PETROLEUM COMPANY, a Florida corporation, Petitioner, v. SECRETARY OF the ARMY OF the UNITED STATES of America, et al., Respondent.

United States District Court, S. D. Florida, Miami Division.

July 1, 1970.

Attorney(s) appearing for the Case

Frank Bezoni and Charlie Luckie, Jr., of MacFarlane, Ferguson, Allison & Kelly, Tampa, Fla., Joseph C. Jacobs, of Ervin, Pennington, Varn & Jacobs, Tallahassee, Fla., C. Dean Reasoner, of Reasoner, Davis & Vinson, and Irving R. M. Panzer, Washington, D. C., for petitioner.

Robert W. Rust, U. S. Atty., and Robert Silverstein, Asst. U. S. Atty., Miami, Fla., Robert H. Long, District Counsel, Corps of Engineers, Dept. of Justice, Washington, D. C., and William E. Welch, Acting District Counsel, Corps of Engineers, Jacksonville, Fla., for respondents Secretary of the Army of the United States and Col. John F. McElhenny.

Thomas J. Schwartz, West Palm Beach, Fla., for respondent Central and Southern Florida Flood Control District.

Earl F. Faircloth, Atty. Gen., Tallahassee, Fla., and T. T. Turnbull, Chief Trial Counsel, Tallahassee, Fla., for Trustees of the Internal Improvement Trust Fund. Neal P. Rutledge, Miami, Fla., Special Counsel for Trustees of the Internal Improvement Trust Fund.

MEMORANDUM OPINION

ATKINS, District Judge.

A lake is many things to many people. In this lawsuit the lake is Okeechobee, the largest body of water wholly contained within the borders of the continental United States. It serves as a playground, wildlife preserve, a link in navigation between the east and west coasts of Florida, and, most importantly, water source for the people of South Florida and the many visitors to this area.

The plaintiff is...

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