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BANKERS LIFE & CAS. CO. v. VILLAGE OF NO. PALM B., FLA.

No. 71-3519.

469 F.2d 994 (1972)

BANKERS LIFE AND CASUALTY COMPANY, etc., Plaintiff-Appellee, v. The VILLAGE OF NORTH PALM BEACH, FLORIDA, etc., et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

As Modified on Denial of Rehearing September 25, 1972.

Attorney(s) appearing for the Case

Herbert D. Sikes, M. Stephen Turner, Tallahassee, Fla., for the State.

Herbert L. Gildan, West Palm Beach, Fla., for Village of North Palm Beach.

George R. Hyde, Atty., Dept. of Justice, Washington, D. C., Robert W. Rust, U. S. Atty., Kenneth G. Oertel, Asst. U. S. Atty., Miami, Fla., Kent Frizzell, Asst. Atty. Gen., Thomas L. Adams, Jr., Edmund B. Clark, Attys., U. S. Dept. of Justice, Washington, D. C., for federal appellants.

Ronald Sales, Evelyn R. Flack, Palm Beach, Fla., William T. Kirby, Chicago, Ill., for plaintiff-appellee.

Before TUTTLE, COLEMAN and CLARK, Circuit Judges.

TUTTLE, Circuit Judge:

These appellants complain of the order of the trial court ordering the Army Corps of Engineers to issue a permit for dredge and fill operations by the appellee, Bankers Life and Casualty Company on submerged land in Lake Worth, Florida. The land in question is wholly enclosed within the Village of North Palm Beach. Bankers also owned approximately 288 acres of land within the municipal limits of the Village, which land is riparian to Lake Worth...

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