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PEELE v. MORTON

No. 75-0002-CIV-2.

396 F.Supp. 584 (1975)

Wallace L. PEELE et al., Plaintiffs, v. Rogers C. B. MORTON, Secretary of Interior of the United States of America, et al., Defendants.

United States District Court, E. D. North Carolina, Elizabeth City Division.

June 5, 1975.

Attorney(s) appearing for the Case

Leonard G. Logan, Jr., Manteo, N. C., for plaintiffs.

Thomas P. McNamara, U. S. Atty., by Bruce H. Johnson, Asst. U. S. Atty., Chief, Land & Natural Resources Section, Raleigh, N. C., Dwight H. Wheless, Kellogg, Wheless, White & Reeves, Manteo, N. C., for defendants.

Rufus Edmisten, Atty. Gen. of N. C. by W. A. Raney, Jr., Associate Atty. Gen., Raleigh, N. C., amicus curiae.

MEMORANDUM OPINION AND ORDER

LARKINS, District Judge:

Plaintiffs are commercial fishermen and residents of the villages on the islands of Chicamacomico, Ocracoke, Bodie, Roanoke and Collington. They ply their trade by hauling seine nets onto the beaches of North Carolina's Outer Banks as their ancestors have done for centuries. In 1958 some seventy-five miles of beaches along the Atlantic coast of Bodie, Hatteras and Ocracoke Islands were acquired by the...

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