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STATE OF MO. EX REL. ASHCROFT v. DEPT. OF ARMY, ETC.

Civ. A. No. 78-3092-CV-S.

526 F.Supp. 660 (1980)

STATE OF MISSOURI, ex rel. John ASHCROFT, Missouri Clean Water Commission, Department of Natural Resources, the Missouri Conservation Commission, Dale Rountree, Max A. Smith, Calvin C. Johnson, Alton Burns, James E. Jones, Kenneth D. McCall, Ray Pinkman, Shelby A. Masters, Scott Johnson, and David Johnson, Plaintiffs, v. DEPARTMENT OF the ARMY, CORPS OF ENGINEERS, Clifford Alexander, Jr., Lt. Gen. John W. Morris, Col. Richard Curl, Defendants. Committee on Power for the Southwest, Inc., Intervenor.

United States District Court, W. D. Missouri, S. D.

December 24, 1980.

Attorney(s) appearing for the Case

Robert M. Lindholm, Asst. Atty. Gen., State of Mo., Jefferson City, Mo., for plaintiff State of Mo.

Cyril M. Hendricks, Gen. Counsel, Mo. Conservation Com'n., Jefferson City, Mo., for plaintiff Mo. Conservation Com'n.

Joseph B. Phillips, Stockton, Mo., for plaintiffs landowners.

Ronald S. Reed, U. S. Atty., August V. Spallo, Asst. Dist. Counsel, Corps of Engineers, Kansas City Dist., Kansas City, Mo., for defendants.

Jay M. Galt, Oklahoma City, Okl., for intervenor.

MEMORANDUM OPINION AND ORDER

COLLINSON, Senior District Judge.

This action involves a challenge to the Army Corps of Engineers' operation of a hydroelectric generator in a dam of the Sac River near Stockton, Missouri. Plaintiffs include the State of Missouri, the Missouri Clean Water Commission, the Department of Natural Resources, the Missouri Conservation Commission, and a class of riparian landowners. Defendants are the U.S. Army Corps of Engineers (the...

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