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UNITED STATES v. DIAMOND

No. 74-2273.

512 F.2d 157 (1975)

UNITED STATES of America et al., Plaintiffs-Appellees, v. Herman DIAMOND, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 29, 1975.

Attorney(s) appearing for the Case

Herman Diamond, pro se.

R. Jackson B. Smith, Jr., U. S. Atty., Lamar C. Walter, Asst. U. S. Atty., Augusta, Ga., Patricia T. Barmeyer, Asst. Atty. Gen., Arthur K. Bolton, Atty. Gen., Atlanta, Ga., Wallace H. Johnson, George R. Hyde, John J. Zimmerman, Attys., Dept. of Justice, Washington, D. C., for plaintiffs-appellees.

Before BELL, THORNBERRY and GEE, Circuit Judges:

THORNBERRY, Circuit Judge:

This is an appeal from the district court's granting of a permanent injunction forbidding appellant Diamond "from engaging in or permitting, suffering, or causing, directly or indirectly, any fill or construction operations" on certain salt water tidal marshlands owned by Diamond. Appellant argues that the injunction must be vacated on four separate grounds: (1) the Secretary of the Army or his...

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