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Di VOSTA RENTALS, INC. v. LEE

No. 73-1893.

488 F.2d 674 (1973)

Di VOSTA RENTALS, INC., Plaintiff-Appellee, v. Emmett C. LEE, Jr., Colonel, Corps of Engineers, etc., et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 4, 1973.

Attorney(s) appearing for the Case

Lawrence E. Shearer, Carl Strass, Attys., Dept. of Justice, Washington, D. C., Robert W. Rust, U. S. Atty., Robert N. Reynolds, Asst. U. S. Atty., Miami, Fla., Wallace H. Johnson, Asst. Atty. Gen., Dept. of Justice, Washington, D. C., for defendants-appellants.

James E. Weber, Douglas C. Fulton, West Palm Beach, Fla., for plaintiff-appellee.

Before GEWIN, AINSWORTH and MORGAN, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

The question presented to us for review in this case is whether the district court erred in ordering the Secretary of the Army to issue a permit to fill navigable waters to Di Vosta Rentals, Inc. (hereinafter referred to as Di Vosta). To answer the question, we must examine the scope of authority granted to the Secretary by § 10 of the Rivers and Harbors Appropriation Act of 1899, 33 U.S.C. § 403,1

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