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ZABEL v. TABB

No. 27555.

430 F.2d 199 (1970)

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

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 10, 1970.

Attorney(s) appearing for the Case

John L. Briggs, U.S. Atty., Tampa, Fla., Glen E. Taylor, Acting Asst. Atty. Gen., Shiro Kashiwa, Asst. Atty. Gen., Edward F. Boardman, U.S. Atty., Tampa, Fla., David D. Hochstein, Roger P. Marquis, S. Billingsley Hill, Attys., Dept. of Justice, Washington, D.C., for defendants-appellants.

Thomas M. Harris, Harris & Harris, St. Petersburg, Fla., for plaintiffs-appellees.

Frank Bezoni, Tampa, Fla., amicus curiae for Coastal Petroleum Co.

Before JOHN R. BROWN, Chief Judge, and TUTTLE and MORGAN, Circuit Judges.

JOHN R. BROWN, Chief Judge:

It is the destiny of the Fifth Circuit to be in the middle of great, oftentimes explosive issues of spectacular public importance. So it is here as we enter in depth the contemporary interest in the preservation of our environment. By an injunction requiring the issuance of a permit to fill in eleven acres of tidelands in the beautiful Boca Ciega Bay in the St. Petersburg-Tampa, Florida area for...

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