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COASTAL PETROLEUM CO. v. SECRETARY OF THE ARMY OF U. S.

No. 71-2589.

489 F.2d 777 (1973)

COASTAL PETROLEUM COMPANY, Petitioner-Appellee, v. SECRETARY OF THE ARMY OF the UNITED STATES of America, et al., Respondents, Trustees of the Internal Improvement Trust Fund of the State of Florida, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 29, 1974.

Attorney(s) appearing for the Case

William Huggett, Robert J. Beckham, Miami, Fla., for respondent-appellant.

Charlie Luckie, Jr., Tampa, Fla., C. Dean Reasoner, Washington, D. C., Joseph C. Jacobs, Tallahassee, Fla., Irving R. M. Panzer, Washington, D. C., for petitioner-appellee.

Robert W. Rust, U. S. Atty., Miami Fla., Robert L. Shevin, Atty. Gen. of Fla., Tallahassee, Fla., William E. Welch, Acting Dist. Counsel, Corps of Engineers, Jacksonville, Fla., Stanley R. Resor, Secretary of the Army, Washington, D. C., Gen. Litigation Section, Land & Nat. Resources Div., U. S. Dept. of Justice, Washington, D. C., Robert Grafton, Central and South Fla. Flood Control Dist., West Palm Beach, Fla., Daniel S. Dearing, Chief Trial Counsel, Dept. of Legal Affairs, Tallahassee, Fla., for other interested parties.

Before BROWN, Chief Judge, and BELL and MORGAN, Circuit Judges.

Rehearing and Rehearing Denied March 29, 1974.

Rehearing and Rehearing En Banc Denied March 29, 1974. See 491 F.2d 973.

JOHN R. BROWN, Chief Judge:

This case presents another of those instances in which the Federal bench is called upon by the Erie siren call to divine the correct substantive principle of State law from the cold, plain words of a State statute. While it is clear that it is incumbent upon us as...

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