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UNITED STATES v. CONTEXT-MARKS CORP.

No. 82-5444.

729 F.2d 1294 (1984)

UNITED STATES of America, Plaintiff-Appellant, and State of Florida, Department of Environmental Regulation, Plaintiff-Intervenor, v. CONTEXT-MARKS CORPORATION, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 29, 1984.

Attorney(s) appearing for the Case

Anne S. Almy, Appellate Section, Land and Natural Resources Div., U.S. Dept. of Justice, Robert L. Klarquist, Environmental Defense Section, Washington, D.C., for plaintiff-appellant.

Paul R. Ezatoff, Jr., State of Fla., Dept. of Environmental Regulation, Tallahassee, Fla., Maria A. Iizuka, Dept. of Justice, Land and Natural Resources Div., Washington, D.C., for State of Fla.

Robert L. Parks, Podhurst, Orseck & Parks, P.A., Joel D. Eaton, Miami, Fla., for Island, L.M. Marks and J. Pijuan.

Joseph C. Jacobs, Ervin, Varn, Jacobs, Odom & Kitchen, Melissa Allaman, Tallahassee, Fla., for Toppino & Sons.

Before HILL and HATCHETT, Circuit Judges, and ALLGOOD, District Judge.

ALLGOOD, District Judge:

The government appeals from the district court's refusal to grant a permanent injunction against appellees, Marks Development, Inc., et al. The government had sought to require the appellees to remove approximately 20,000 cubic yards of fill material which the government contended had been placed below the mean high water line (hereinafter MHWL)1 in violation of the Rivers and Harbors Act of 1899, 33 U.S.C. §...

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