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STATE OF OHIO EX REL. BROWN v. CALLAWAY

Nos. 73-2119 to 73-2121.

497 F.2d 1235 (1974)

STATE OF OHIO ex rel. William J. BROWN, Attorney General of the State of Ohio, Plaintiff-Appellant, v. Howard H. CALLAWAY, Secretary of the Army, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 6, 1974.

Attorney(s) appearing for the Case

William S. Fein, Asst. Atty. Gen., Columbus, Ohio, for plaintiff-appellant; William J. Brown, Atty. Gen. of Ohio, Columbus, Ohio, on brief.

Irwin L. Schroeder, Dept. of Justice, Washington, D. C., for defendants-appellees.

Charles G. Heyd, Louis F. Gilligan, Cincinnati, Ohio, for intervening plaintiffs-appellants; Bauer, Morelli & Heyd, Cincinnati, Ohio, on brief.

Roger L. Sabo, Columbus, Ohio, for intervening defendants-appellants; Knepper, White, Richards & Miller by John A. Jenkins, Columbus, Ohio, on brief.

Before WEICK and McCREE, Circuit Judges, and CONTIE, U. S. District Judge.

McCREE, Circuit Judge.

This appeal requires us to decide whether the district court erred in refusing to enjoin all construction of two reservoir projects because the Environmental Impact Statements filed by appellees failed to meet the requirements of Section 102 of the National Environmental Policy Act, 42 U.S.C. § 4332,1 and whether the district court erred in refusing to permit certain...

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