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HOWELL v. U.S. ARMY CORPS OF ENGINEERS

No. CIV. 92-0139-HB.

794 F.Supp. 1072 (1992)

Gordon B. HOWELL, Plaintiff, v. UNITED STATES ARMY CORPS OF ENGINEERS, Andrew Rosenau, James Wood, Robert Meehan, and Michael DeBow, Defendant.

United States District Court, D. New Mexico.

July 1, 1992.

Attorney(s) appearing for the Case

Norman S. Thayer, Albuquerque, N.M., for plaintiff.

Raymond Hamilton, Albuquerque, N.M., Rebecca A. Lloyd, Washington, D.C., for defendant.

MEMORANDUM OPINION

BRATTON, District Judge.

This matter is before the Court on Defendants' Motion to Dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Having considered the motion, memoranda in support and in opposition, and the applicable law, the Court finds that the motion pursuant to Rule 12(b)(1) is well-taken and should be granted.

In his amended complaint, plaintiff challenges the authority of the Corps to issue a...

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