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SIERRA CLUB v. FROEHLKE

No. 72-1833.

486 F.2d 946 (1973)

SIERRA CLUB et al., Plaintiffs-Appellants, v. Robert F. FROEHLKE, Secretary of the Army, et al., Defendants-Appellees, and Miland and Doris Slayback et al., Intervenors-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 2, 1973.

Attorney(s) appearing for the Case

Frank M. Tuerkheimer, Madison, Wis., for plaintiffs-appellants.

Kent Frizzell, Asst. Atty. Gen., Terrence L. O'Brien, Atty., Dept. of Justice, Washington, D. C., John O. Olson, U. S. Atty., Madison, Wis., David E. Beckwith, John S. Skilton, Milwaukee, Wis., for defendants-appellees.

Before CUMMINGS, Circuit Judge, GRANT, Senior District Judge, and GORDON, District Judge.

GRANT, Senior District Judge.

The primary issue raised by this appeal is whether an environmental impact statement prepared by the Corps of Engineers concerning a flood control dam project on the Kickapoo River, Wisconsin, complied with the mandates of the National Environmental Policy Act of 1969 (hereinafter NEPA).1 A secondary question is whether the failure of the Corps of Engineers to request and obtain local assurances of participation...

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