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STORY v. MARSH

Nos. S 83-65 C, S 83-49 C, S 83-51 C, S 83-54 C, S 83-52 C and S 83-55 C.

574 F.Supp. 505 (1983)

George STORY, Story Farms, Inc., a corporation; Hunter Raffety; W.C. Bryant; Bryant Farms, Inc., a corporation; Glen E. Ault, Jr.; Wendell Choate; Choate Farms, Inc., a corporation; Lloyd Hall; Jim Bogle; Mount Level Farms, Inc., a corporation; Consolidated Drainage District No. 1 of Mississippi County, Missouri and Levee District No. 3 of Mississippi County, Missouri, Plaintiffs, v. John O. MARSH, Jr.; Secretary of the Army; General Joseph K. Bratton, Chief of Engineers Corps of Engineers, U.S. Army; General William E. Read, Division Engineer, Lower Mississippi Valley Division, Corps of Engineers, U.S. Army and President, Mississippi River Commission, and Colonel John F. Hatch, Jr., District Engineer, Memphis District, Corps of Engineers, U.S. Army, Defendants. UNITED STATES of America, Plaintiff, v. 11.9 ACRES OF LAND, et al., 62 Acres of Land, et al., 62 Acres of Land, et al., and 1,426.5 Acres of Land, et al., Defendants.

United States District Court, E.D. Missouri, Southeastern Division.

October 31, 1983.

Attorney(s) appearing for the Case

James E. Reeves, Ward & Reeves, Caruthersville, Mo., Stephen E. Strom, Finch, Bradshaw, Strom & Steele, Cape Girardeau, Mo., for plaintiffs in No. S 83-65 C and defendants in Nos. S 83-49 C, S 83-51 C, S 83-54 C, S 83-52 C and S 83-55 C.

Rebecca A. Donnellan, Dept. of Justice, Land & Natural Resources Div., Washington, D.C., Edwin B. Brzezinski, Asst. U.S. Atty., St. Louis, Mo., for defendants in No. S 83-65 C and plaintiffs in Nos. S 83-49 C, S 83-51 C, S 83-54 C, S 83-52 C and S 83-55 C.

Bruce A. Ring, Missouri Highway Commission, Jefferson City, Mo., for defendants in Nos. S 83-49 C, S 83-51 C, S 83-54 C, S 83-52 C and S 83-55 C.

MEMORANDUM

WANGELIN, District Judge.

This matter is before the Court for a decision on the merits following a five-day hearing. This cause involves a consolidation of five cases. One case, Story v. Marsh, Case No. S 83-65 C, concerns an action filed by a number of landowners for a permanent injunction to prevent the Army Corps of Engineers from flooding the Birds Point-New Madrid Floodway. The remaining...

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