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STATE OF ALA. EX REL. BAXLEY v. CORPS OF ENGINEERS

No. CA75-H-2343-J.

411 F.Supp. 1261 (1976)

STATE OF ALABAMA ex rel. William J. BAXLEY, Attorney General, and William J. Baxley, Attorney General, Plaintiffs, v. CORPS OF ENGINEERS OF the UNITED STATES ARMY et al., Defendants, and Tombigbee River Valley Water Management District, Intervening Defendant.

United States District Court, N. D. Alabama, Jasper Division.

April 14, 1976.

Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen., James R. Cooper, Jr., H. H. Caddell, Asst. Atty. Gen., Montgomery, Ala., for plaintiffs.

Shirley McCarty, Bill L. Barnett, Charles Perry, Asst. U. S. Attys., Birmingham, Ala., for defendants.

Fred M. Bush, Jr., Mitchell, McNutt, Bush, Lagrone & Sams, Tupelo, Miss., for intervening defendant.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

HANCOCK, District Judge.

On December 31, 1975, plaintiffs filed a complaint herein seeking, among other things, a preliminary injunction against the Corps of Engineers of the United States Army, Martin R. Hoffman, Acting Secretary of the Army, Lt. General W. C. Gribble, Jr., Chief of Engineers, Corps of Engineers, and Col. Drake Wilson, District Engineer, Mobile District, Corps of Engineers, prohibiting them from taking...

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