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ENVIRONMENTAL DEFENSE FUND, INC. v. FROEHLKE

No. 72-1628.

477 F.2d 1033 (1973)

ENVIRONMENTAL DEFENSE FUND, INC., et al., Appellants, v. Robert F. FROEHLKE, Secretary of the Army, et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 20, 1973.

Attorney(s) appearing for the Case

Edward Lee Rogers, Gen. Counsel, East Setauket, N. Y., for appellants.

Eva R. Datz, Atty., Dept. of Justice, Washington, D. C., for appellees.

Lyman Field and F. Philip Kirwan, Kansas City, Mo., for intervenors.

Before HEANEY and ROSS, Circuit Judges, and BENSON, Chief District Judge.

HEANEY, Circuit Judge.

The primary issue on this appeal is whether the trial court erred in refusing to enjoin the defendants from proceeding with all activities relating to the construction of the Harry S Truman Dam and Reservoir Project on the Osage River in Missouri, pending the filing of a final Environmental Impact Statement (E.I.S.) by the Corps of Engineers in accordance with § 102(2)(C) of the National Environmental...

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