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ENVIRONMENTAL DEFENSE FUND, INC. v. CORPS OF ENG. OF U. S. ARMY

No. LR-70-C-203.

325 F.Supp. 728 (1971)

ENVIRONMENTAL DEFENSE FUND, INC., the Ozark Society, Ark. Audubon Society, Inc., Ark. Ecology Center, Pratt Remmel, Jr., and Russell Harper, Plaintiffs, v. CORPS OF ENGINEERS OF the U. S. ARMY, Stanley R. Resor, Sec'y of the Army, and Gen. Frederick B. Clarke, Chief of Engineers, Corps of Engineers of the U. S. Army, Defendants.

United States District Court, E. D. Arkansas, W. D.

Memorandum Opinion December 22, 1970.

Memorandum Opinion January 21, 1971.

Attorney(s) appearing for the Case

Richard S. Arnold, Arnold & Arnold, Texarkana, Ark., Edward Lee Rogers, Stony Brook, N. Y., for plaintiffs.

W. H. Dillahunty, U. S. Atty., Little Rock, Ark., for defendants.

Memorandum Opinion No. One November 16, 1970.

Memorandum Opinion Nos. Two and Three December 22, 1970.

Memorandum Opinion No. Four January 21, 1971.

MEMORANDUM OPINION NUMBER ONE

EISELE, District Judge.

The defendants have filed a Motion to Dismiss for Improper Venue for the following reasons:

"* * * the project sought to be enjoined by the plaintiffs is wholly within the Western District of Arkansas; the District Engineer...

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