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AKERS v. RESOR

Civ. A. No. C-70-349.

339 F.Supp. 1375 (1972)

J. Clark AKERS, III, et al., Plaintiffs, and The National Wildlife Federation and The Tennessee Conservation League, Non-Profit corporations, Plaintiffs-Intervenors, v. Stanley R. RESOR, Individually and as Secretary of the Army, et al., Defendants, and M. V. Williams et al., Intervening Defendants.

United States District Court, W. D. Tennessee, W. D.

March 28, 1972.

Attorney(s) appearing for the Case

Charles H. Warfield, Nashville, Tenn., for plaintiffs.

Charles F. Newman, Memphis, Tenn., for intervening plaintiffs.

Thomas F. Turley, Jr., U. S. Atty., and Kemper B. Durand, Asst. U. S. Atty., Memphis, Tenn., for federal defendants.

Lurton Goodpasture, Asst. Atty. Gen., State of Tenn., and Bart C. Durham, III, Asst. Atty. Gen., Nashville, Tenn., for state defendants.

Barret Ashley, Dyersburg, Tenn., for intervening defendants M. V. Williams and West Tennessee Tributaries Assoc.

E. T. Palmer and M. Watkins Ewell, Jr., Dyersburg, Tenn., for intervening defendant Dyer County Levee & Drainage District No. 1.

Fenner Heathcock, Union City, Tenn., for remainder of intervening defendants (Towns and Cities).

MEMORANDUM DECISION

BAILEY BROWN, Chief Judge.

This is an action against the Secretary of the Army and others seeking a declaration that the Corps of Engineers, in continuing the project of channel enlargement and realignment of the Obion and Forked Deer rivers in northwest Tennessee, is in violation of certain federal statutes. Plaintiffs also seek injunctive relief. Plaintiffs Akers, Dillon, Tudor and Harwell bring this action in their own behalf and as...

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