ZABEL v. TABB

Civ. No. 67-200.

296 F.Supp. 764 (1969)

Alfred G. ZABEL and David H. Russell, Plaintiffs, v. R. P. TABB, Colonel, Corps of Engineers, District Engineer, Department of the Army, Jacksonville, Florida, District; and Stanley R. Resor, Secretary of the Army, and United States of America, Defendants.

United States District Court M. D. Florida, Tampa Division.

February 17, 1969.


Attorney(s) appearing for the Case

Charles S. Carrere, Asst. U. S. Atty., Tampa, Fla., for plaintiffs.

Thomas M. Harris, of Harris & Harris, St. Petersburg, Fla., for defendants.


OPINION

KRENTZMAN, District Judge.

This case involves Section 10 of the Rivers and Harbors Act, 1899, 30 Stat. 1151, 33 U.S.C. § 403 (1964) and the Fish and Wildlife Coordination Act of 1958, 48 Stat. 401, as amended, 16 U.S. C. § 661 et seq. (1964).

The parties suggest and research of the court indicates that this is a case of first impression.

Plaintiffs applied for Department of the Army permit to dredge and fill in navigable...

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