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ENVIRONMENTAL DEFENSE FUND, INC. v. CORPS OF ENG. OF U. S. ARMY

No. EC 72-11-K.

348 F.Supp. 916 (1972)

ENVIRONMENTAL DEFENSE FUND, INC., et al., Plaintiffs, v. CORPS OF ENGINEERS OF the UNITED STATES ARMY et al., Defendants.

United States District Court, N. D. Mississippi, E. D.

August 4, 1972.

Attorney(s) appearing for the Case

Richard S. Arnold, Texarkana, Ark., Jon T. Brown, Washington, D. C., Roderick Cameron, East Setauket, N. Y., for plaintiffs.

Irwin Goldbloom and A. T. Giattina, Dept. of Justice, Washington, D. C., H. M. Ray, U. S. Atty., Richard P. Appleton, Corps of Engineers, Washington, D. C., Alfred P. Holmes, Jr., Corps of Engineers, Mobile, Ala., for defendants.

Hunter M. Gholson, Columbus, Miss., John H. Gullett, Washington, D. C., for defendant-intervenor, Tennessee-Tombigee Waterway Authority.

Fred M. Bush, Jr., Tupelo, Miss., for defendant-intervenor, Tombigee River Valley Water Management District.

MEMORANDUM OPINION

KEADY, District Judge.

On May 25, 1971, the President of the United States presided over the dedication and ground breaking ceremony at Mobile, Alabama, of the Tennessee-Tombigbee Waterway, a navigation project in Alabama and Mississippi which Congress authorized in 1946.1 By this project the Army Corps of Engineers was authorized to construct a waterway connecting the north-flowing Tennessee River with the...

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