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CONSERVATION COUNCIL OF NORTH CAROLINA v. COSTANZO

No. 74-22-CIV-7.

398 F.Supp. 653 (1975)

CONSERVATION COUNCIL OF NORTH CAROLINA et al., Plaintiffs, v. Colonel Albert C. COSTANZO et al., Defendants.

United States District Court, E. D. North Carolina. Wilmington Division.

July 24, 1975.

Attorney(s) appearing for the Case

Norman B. Smith, Smith, Carrington, Patterson, Follin & Curtis, Greensboro, N. C., Professor Thomas J. Schoenbaum, University of North Carolina School of Law, Chapel Hill, N. C., for plaintiffs.

David A. Nash, Hogue, Hill, Jones, Nash & Lynch, Wilmington, N. C., E. J. Prevatte, Shallotte, N. C., Thomas P. McNamara, U. S. Atty., Raleigh, N. C., by Bruce H. Johnson, Chief, Land & Natural Resources Section, for defendants.

Rufus L. Edmisten, Atty. Gen. of N. C. by W. A. Raney, Jr., Associate Atty. Gen., Raleigh, N. C., for amicus curiae.

LARKINS, District Judge:

I. INTRODUCTION

A. Statement of the Case

This action was initiated in the Wilmington Division of this Court by a complaint filed on June 5, 1974 by the plaintiffs, Conservation Council of North Carolina, Bobbi Boney, Ann Schlink, James Mixon, and Frances Needham. Defendants were Colonel Albert C. Costanzo, the Wilmington District Engineer of the Corps of Engineers, Lt. Gen. F. J. Clarke, Chief of Engineers, Howard H. Callaway...

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