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WEISZMANN v. DIST. ENG., U. S. ARMY CORPS OF ENG.

No. 75-1710.

526 F.2d 1302 (1976)

Fred WEISZMANN, Plaintiff-Appellant, v. DISTRICT ENGINEER, U.S. ARMY CORPS OF ENGINEERS, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 24, 1976.

Attorney(s) appearing for the Case

David Paul Horan, Key West, Fla., Fred Weiszmann, Northbrook, Ill., for plaintiff-appellant.

Robert W. Rust, U.S. Atty., David F. McIntosh, Asst. U.S. Atty., Miami, Fla., Wallace H. Johnson, Carl Strass, Charles E. Biblowit, Asst. Attys. Gen., Dept. of Justice, Washington, D.C., for defendants-appellees.

Before BELL, AINSWORTH and DYER, Circuit Judges.

DYER, Circuit Judge:

The principal issue in this appeal, the jurisdiction of the United States Army Corps of Engineers under Section 10 of the Rivers and Harbors Act, 33 U.S.C.A. § 403, to require permits for the excavation of canals above mean high tide line (MHTL) is essentially the same as in the other dredging and filling cases decided today, United States v. Sexton Cove Estates, 526 F.2d 1293, and United States...

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