SIERRA CLUB v. CALLAWAY

No. 73-2745.

499 F.2d 982 (1974)

SIERRA CLUB et al., Plaintiffs-Appellees, v. Howard H. CALLAWAY, Secretary of the Army, et al., Defendants-Appellants, Trinity River Authority of Texas et al., Intervenors-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Suggestion of Rehearing Denied November 22, 1974.


Attorney(s) appearing for the Case

James H. Keahey, Martin Harris, Frank R. Booth, Austin, Tex., for Trinity River and others.

S. G. Johndroe, Jr., City Atty., Ft. Worth, Tex., for City of Ft. Worth.

Joseph G. Rollins, Senior Asst. City Atty., Houston, Tex., for City of Houston and others.

Peter R. Steenland, Wallace H. Johnson, Edmund B. Clark, Raymond N. Zagone, George R. Hyde, Dept. of Justice, Washington, D. C. and Anthony J. P. Farris, U. S. Atty., Charles B. Wolfe, Asst. U. S. Atty., Jack Shepherd, Chief Asst. U. S. Atty., Houston, Tex., for Secretary of Army and others.

Warren Clark, Jr., Anahuac, Tex., for Chambers-Liberty Counties Navigation Dist.

N. Alex Bickley, City Atty., Carroll R. Graham, Peter R. Thompson, Dallas, Tex., for City of Dallas.

Robert H. Singleton, Houston, Tex., John D. Hoffman, San Francisco, Cal., Ray Berry, Houston, Tex., for plaintiffs-appellees.

Before WISDOM and CLARK, Circuit Judges, and GROOMS, District Judge.


Rehearing and Suggestion of Rehearing En Banc Denied November 22, 1974.

GROOMS, District Judge:

This is an appeal from a Summary Judgment permanently enjoining Howard H. Callaway, Secretary of the Army,1 Lieut. General Frederick J. Clarke, Chief of Engineers of the Corps of Engineers of the United States Army, and Col. Nolan C. Rhodes, District Engineer of the Corps of Engineers (hereinafter referred to as the Corps), from constructing...

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