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JOHNSON v. MORTON

No. 71-1375.

456 F.2d 68 (1972)

Pearce JOHNSON et al., Plaintiffs-Appellees, v. Rogers C. B. MORTON, United States Secretary of the Interior, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied March 13, 1972.

Attorney(s) appearing for the Case

Crawford C. Martin, Atty. Gen. of Tex., W. O. Shultz, Asst. Atty. Gen., Nola White, First Asst. Atty. Gen., Alfred Walker, Executive Asst. Atty. Gen., Harold G. Kennedy, Asst. Atty. Gen., Austin, Tex., for Parks and Wild-life Dept. Group.

Robert C. Eckhardt, Washington, D.C., for intervenors.

Seagal V. Wheatley, U.S. Atty., San Antonio, Tex., Shiro Kashiwa, Asst. Atty. Gen., Edmund B. Clark, Carl Strass, Attys., Dept. of Justice, Washington, D.C., for the Secretary of the Interior.

J. Chrys Dougherty, H. Lee Godfrey, Austin, Tex., for Mrs. Sam Wilson, Jr.; Graves, Dougherty, Gee, Hearon, Moody & Garwood, Austin, Tex., of counsel.

Pearce Johnson, Austin, Tex., W. Robert Brown, Glen E. Clover, Houston, Tex., for plaintiffs-appellees; Liddell, Sapp, Zivley & Brown, Houston, Tex., of counsel.

Before BELL, AINSWORTH, and GODBOLD, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 13, 1972.

BELL, Circuit Judge:

This is an appeal from an order setting aside approval of the expenditure of federal funds under the Land and Water Conservation Fund Act, 16 U.S.C.A. §§ 460l-1 et seq. and particularly § 460l-8, for the purpose of acquiring and developing lands on Mustang Island, Texas an outdoor recreational park. The order appealed from also enjoined the appropriate...

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