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

No. 71-2589.

491 F.2d 973 (1974)

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.

March 29, 1974.

Attorney(s) appearing for the Case

Robert J. Beckham, Carole A. Gardiner, 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 Coastal Petroleum.

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.

PER CURIAM:

In a vigorous petition for rehearing Coastal strongly protests the inclusion of the validity of the leases under the 1941 statute in the Certification and Questions addressed to the Florida Supreme Court. In support, Coastal asserts that the question of compliance with the 1941 statute was never brought in question in the Court below and, more significantly, there was no evidence pertaining to that issue. We called for response by the Trustees which we...

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