No. 73-2198.

514 F.2d 1089 (1975)

UNITED STATES of America, Appellee, v. SUNSET COVE, INC., an Oregon Corporation, Appellant.

United States Court of Appeals, Ninth Circuit.

April 11, 1975.

Attorney(s) appearing for the Case

James C. Maletis (argued), Maletis & Thorpe, Portland, Or., for appellant.

Edmund B. Clark, Atty., Dept. of Justice (argued), Washington, D. C., for appellee.

Before CHAMBERS, ELY and GOODWIN, Circuit Judges.


The district court ordered the removal of about 1760 lineal feet of riprap (rock used for construction foundations) and fill material from a sandspit at the mouth of the Necanicum River. Sunset Cove, Inc., the developer of the sandspit, appeals. The judgment is affirmed as modified.

Sunset, apparently acting upon its belief that the Necanicum River was not a navigable stream within the meaning of 33 U.S.C. § 403, attempted to fill and stabilize...

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