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U.S. v. BD. OF TRUSTEES OF FLA. KEYS COMM. COLLEGE

No. 80-2894-Civ-CA.

531 F.Supp. 267 (1981)

UNITED STATES of America, Plaintiff, v. BOARD OF TRUSTEES OF FLORIDA KEYS COMMUNITY COLLEGE, et al., Defendants.

United States District Court, S. D. Florida.

September 3, 1981.

Attorney(s) appearing for the Case

David E. Dearing, Dept. of Justice, Washington, D. C., Michael Mitchell, Asst. U. S. Atty., Miami, Fla., for plaintiff.

David Paul Horan, Key West, Fla., for defendants.

MEMORANDUM OPINION

ATKINS, Chief Judge.

THE ABOVE CAUSE was before the Court for a non-jury trial on May 18, 19 and August 3, 1981.

The United States seeks restoration of an open water slough on the edge of the Florida Bay, which it contends was filled by defendants in violation of the Rivers and Harbors Appropriation Act of 1899, 33 U.S.C. § 403 and the Clean Water Act, 33 U.S.C. §§ 1311, 1344. Defendants concede the failure to obtain...

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