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RUCKER v. WILLIS

No. 73-1570.

484 F.2d 158 (1973)

Walker F. RUCKER et al., Plaintiffs-Appellants, v. Edward E. WILLIS et al., Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 23, 1973.

Attorney(s) appearing for the Case

Norman B. Smith, Greensboro, N.C. (Smith, Patterson, Follin & Curtis, Greensboro, N.C. on brief), for appellants.

Peter R. Steenland, Atty., U. S. Dept. of Justice, John R. Hughes, Greensboro, N.C. for Twin Piers and Willis (Wallace H. Johnson, Asst. U. S. Atty. Gen., Thomas P. McNamara, U. S. Atty., John E. Lansche, Asst. U. S. Atty., and Edmund B. Clark, Atty., U. S. Dept. of Justice, on brief), for appellees.

Before HAYNSWORTH, Chief Judge, and CRAVEN and WIDENER, Circuit Judges.

WIDENER, Circuit Judge:

In this appeal, plaintiffs seek to reverse the denial of a temporary injunction which would have enjoined pendente lite the construction of a proposed marina and piers on Bogue Bank, Carteret County, North Carolina, a part of North Carolina's outer banks. Plaintiffs' claim is predicated upon the assertion that the Corps of Engineers acted illegally in issuing a permit under 33 U. S.C. § 4031 without...

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