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SIMMANS v. GRANT

Civ. A. No. 73-H-927.

370 F.Supp. 5 (1974)

Eva SIMMANS et al., Plaintiffs, v. Kenneth GRANT, Administrator, Soil Conservation Service, et al., Defendants.

United States District Court, S. D. Texas, Houston Division.

January 22, 1974.

Attorney(s) appearing for the Case

Robert L. Burns, Sears & Burns, Houston, Tex., for plaintiffs.

Anthony J. P. Farris, U. S. Atty., William Bowers, Charles B. Wolfe, Asst. U. S. Attys., Houston Tex., for Kenneth Grant, Earl L. Butz, William D. Davey and Frank B. Elliott.

Bill M. Payne, Lawrence, Thornton, Payne & Watson, Bryan, Tex., for Brazos-Robertson Soil and Water Conservation Dist. and Brazos County Water Control and Improvement Dist. No. 1, Big Creek.

MEMORANDUM AND OPINION

CARL O. BUE, Jr., District Judge.

I.

The Environmental Contentions

The plaintiffs bring a class action against the defendants, particularly the Soil Conservation Service (SCS) of the U. S. Department of Agriculture,1 seeking to enjoin further construction of a channel improvement project located in Brazos County, Texas. It is alleged that the defendants have failed to comply with...

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