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AKERS v. RESOR

Civ. No. C-70-349.

443 F.Supp. 1355 (1978)

J. Clark AKERS, III, and William W. Dillon, III, Individually and as part owners of Middle Fork Hunt Club, and John Tudor and Sam Harwell, Individually and as part owners of Davy Crockett Hunting Club, all citizens and residents of Davidson County, Tennessee, Plaintiffs, and The National Wildlife Federation and the Tennessee Conservation League, nonprofit corporations, Plaintiffs-Intervenors, v. Stanley R. RESOR, Individually and as Secretary of the Army, Lt. Gen. Frederick J. Clarke, Individually and as Chief of Engineers, Corps of Engineers, Col. John V. Parish, Jr., Individually and as District Engineer, Corps of Engineers, Rogers C. B. Morton, Individually and as Secretary of the Interior, and Greer Ricketson, Chairman, Game and Fish Commission of the State of Tennessee, et al., Defendants, M. V. Williams and West Tennessee Tributaries Association, Dyer County Levee and Drainage District No. 1, City of Union City, Tennessee, Town of Rives, Tennessee, Town of Obion, Tennessee, City of Dyersburg, Tennessee, Town of Trenton, Tennessee, Town of South Fulton, Tennessee, City of Bells, Tennessee, City of Fulton, Kentucky, Intervening Defendants.

United States District Court, W. D. Tennessee, W. D.

January 27, 1978.

Attorney(s) appearing for the Case

Charles H. Warfield, Nashville, Tenn., for original plaintiffs.

Charles F. Newman, Memphis, Tenn., for intervening plaintiffs.

W. J. Michael Cody, U. S. Atty., W. Hickman Ewing, Jr., Asst. U. S. Atty., Memphis, Tenn., for federal defendants.

Barret Ashley, Dyersburg, Tenn., for intervening defendants M. V. Williams and West Tennessee Tributaries Association.

E. T. Palmer, M. Watkins Ewell, Jr., Dyersburg, Tenn., for intervening defendant Dyer County Levee & Drainage District No. 1.

Fenner Heathcock, Union City, Tenn., for remaining intervening defendants.

Bobby L. Stratton, Nashville, Tenn., for amicus curiae Tennessee Wildlife Resources Agency.

MEMORANDUM DECISION

BAILEY BROWN, Chief Judge.

This action was brought to challenge the sufficiency of the defendant Corps of Engineers' attempts to comply with the requirements of the National Environmental Policy Act of 1969, 42 U.S.C. § 4321 et seq., and the Fish and Wildlife Coordination Act of 1958, 16 U.S.C. § 661 et seq., with regard to the Corps' West Tennessee Tributaries Project. This court determined in 1972 that the previous environmental...

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