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DELAWARE VALLEY CONSERVATION ASSOCIATION v. RESOR

No. 16772.

392 F.2d 331 (1968)

DELAWARE VALLEY CONSERVATION ASSOCIATION and the 604 Additional Individual Plaintiffs, Appellants, v. Stanley R. RESOR, Individually and as Secretary of the Department of the Army of the United States of America, Stewart L. Udall, Individually and as Secretary of the Interior of the United States of America, and W. F. Cassidy, Individually and as Chief of Engineers of the Department of the Army of the United States of America, Appellees.

United States Court of Appeals Third Circuit.

Decided March 8, 1968.

Attorney(s) appearing for the Case

Austin J. McGreal, Crumlish & Kania, Philadelphia, Pa. (Robert P. Garbarino, Philadelphia, Pa., Eugene F. Brazil, Philadelphia, Pa., on the brief), for appellants.

Raymond N. Zagone, Appellate Section, Land and Natural Resources Division, Dept. of Justice, Washington, D. C. (J. Edward Williams, Acting Asst. Atty. Gen., Bernard J. Brown, U. S. Atty., Scranton, Pa., Roger P. Marquis, Atty., Dept. of Justice, Washington, D. C., on the brief), for appellees.

Before McLAUGHLIN, FREEDMAN and SEITZ, Circuit Judges.

OPINION OF THE COURT

McLAUGHLIN, Circuit Judge.

This appeal is brought by the Delaware Valley Conservation Association and 604 individuals, plaintiffs below, urging reversal of the District Court's dismissal of their complaint on motion of the defendants, Stanley R. Resor, Stewart L. Udall and W. F. Cassidy, individually and respectively as Secretary of the Army, Secretary of the Interior and Chief of Engineers...

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