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UNITED STATES v. KING FISHER MARINE SERVICE

No. 80-1379. Summary Calendar.

640 F.2d 522 (1981)

UNITED STATES of America, Plaintiff-Appellant, v. KING FISHER MARINE SERVICE, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A.

Rehearing Denied March 25, 1981.

Attorney(s) appearing for the Case

James W. Moorman, Asst. Atty. Gen., Martin W. Matzen, Anne S. Almy, Attys., Dept. of Justice, Washington, D. C., for plaintiff-appellant.

Harris, Cook, Browning & Barker, Harrell Z. Browning, Corpus Christi, Tex., for defendant-appellee.

Before CHARLES CLARK, REAVLEY and WILLIAMS, Circuit Judges.

PER CURIAM:

Since 1952 King Fisher Marine Services, Inc. has held a permit issued by the Army Corps of Engineers allowing dredging of a channel and turning basin in Chocolate Bay. The permit was renewed periodically to allow maintenance dredging. In 1973, however, the permit was renewed only on the condition that King Fisher also dredge three fish passes to facilitate both water circulation and fish passage. Two of the three...

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