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SAVE THE BAY, INC. v. U. S. CORPS OF ENG.

No. 79-1432.

610 F.2d 322 (1980)

SAVE THE BAY, INC., Plaintiff-Appellant, v. The UNITED STATES CORPS OF ENGINEERS, United States Army, Colonel Drake Wilson, and E.I. Du Pont De Nemours and Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

As Modified on Denial of Rehearing and Rehearing March 17, 1980.

Attorney(s) appearing for the Case

Robert W. Smith, Biloxi, Miss., Levi, Denham & Russell, Earl L. Denham, Ocean Springs, Miss., for plaintiff-appellant.

White & Morse, Stanford E. Morse, Jr., Gulfport, Miss., David B. Sebree, Legal Dept., E.I. Du Pont De Nemours & Co., Carl B. Everett, Wilmington, Del., James W. Moorman, Asst. Atty. Gen., U. S. Dist. of Justice, Washington, D. C., Robert E. Hauberg, U. S. Atty., L. K. Travis, Asst. U. S. Atty., Jackson, Miss., Dirk D. Snel, Nancy B. Firestone, Attys., Washington, D. C., for defendants-appellees.

Before BROWN, TJOFLAT and GARZA, Circuit Judges.

As Modified on Denial of Rehearing and Rehearing En Banc March 17, 1980.

GARZA, Circuit Judge:

Appellant appeals from the District Court's adoption and entry of judgment in conformity with the refusal of the United States Magistrate, acting on behalf of the District Court by consent of the parties, to require the United States Corps of Engineers to prepare an Environmental Impact Statement (EIS) as provided for under the National Environmental Policy Act of...

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