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SAVE OUR INVALUABLE LAND (SOIL), INC. v. NEEDHAM

No. 75-1511.

542 F.2d 539 (1976)

SAVE OUR INVALUABLE LAND (SOIL), INC., et al., Appellants, v. Colonel William R. NEEDHAM et al., Appellees, and City of Olathe, Kansas, et al., Intervenor-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided September 29, 1976.

Attorney(s) appearing for the Case

Arthur A. Benson, II, Kansas City, Mo., for appellants.

Eva R. Datz, Dept. of Justice, Washington D.C. (Peter R. Taft, Asst. Atty. Gen., Washington D.C., E. Edward Johnson, U. S. Atty., Roger K. Weatherby, Asst. U. S. Atty., Topeka, Kan., and Jacques B. Gelin, Dept. of Justice, Washington D.C., on the brief), for federal appellees.

F. Philip Kirwan, Kansas City, Mo. (Lyman Field, Kansas City, Mo., Joseph H. McDowell, Kansas City, Kan., Margolin & Kirwan, Washington D.C., of counsel; Rogers, Field, Gentry, Benjamin & Robertson, Kansas City, Mo., on the brief), for intervenor-appellees.

Before McWILLIAMS, BARRETT and DOYLE, Circuit Judges.

McWILLIAMS, Circuit Judge.

This is a suit to enjoin the Corps of Engineers from constructing the Hillsdale Dam on the Big Bull Creek in Miami County, Kansas. The action was instituted by Save Our Invaluable Land (SOIL), Inc., a non-profit organization organized under the laws of Kansas, whose members are, in the main, landowners who reside in the area of the proposed dam site. The gist of the complaint is that the Corps of Engineers has not complied with the requirements...

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