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CONSERVATION COUNCIL OF NORTH CAROLINA v. FROEHLKE

No. C-184-D-71.

340 F.Supp. 222 (1972)

CONSERVATION COUNCIL OF NORTH CAROLINA et al., Plaintiffs, v. Robert F. FROEHLKE, Secretary of the Army, et al., Defendants, The City of Fayetteville, a municipal corporation, and Cumberland County, a political subdivision of the State of North Carolina, et al., Intervenors.

United States District Court, M. D. North Carolina, Durham Division.

February 14, 1972.

Attorney(s) appearing for the Case

Norman B. Smith, Greensboro, N. C., for plaintiffs.

William L. Osteen, U. S. Atty., Greensboro, N. C., for defendants Robert F. Froehlke, Secretary of the Army, and others; George M. McDermott, Sanford, N. C., for additional defendant Sanford Construction Company; Rudolph G. Singleton, Jr., Fayetteville, N. C., for intervenors City of Fayetteville, and others; Joseph B. Chandler, Jr., Elizabethtown, N. C., for intervenors Town of Elizabethtown, and others; James C. Fox, Wilmington, N. C., for intervenors City of Wilmington, and others; Wiley F. Bowen, Dunn, N. C., for intervenors City of Dunn, and others; Lowry Betts, Sanford, N. C., for intervenor City of Sanford; Claude V. Jones, Durham, N. C., for intervenor City of Durham; Emery B. Denny, Jr., Chapel Hill, N. C., for intervenor Town of Chapel Hill.

MEMORANDUM ORDER

GORDON, Chief Judge.

The above-named plaintiffs brought this action on August 10, 1971, seeking injunctive and declaratory relief against the construction of the New Hope Dam by the United States Army Corps of Engineers. On December 2, 1971, the matter came on for hearing on plaintiffs' motion for a preliminary injunction before Judge Edwin M. Stanley, Chief Judge of the Middle District of North Carolina. However, Judge Stanley's unfortunate...

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