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STATE WATER CONTROL BD. v. HOFFMAN

Civ. A. No. 75-0137.

427 F.Supp. 585 (1977)

STATE WATER CONTROL BOARD, Plaintiff, v. Martin R. HOFFMAN, Secretary of the Army, et al., Defendants.

United States District Court, W. D. Virginia, Roanoke Division.

January 11, 1977.

Attorney(s) appearing for the Case

Andrew P. Miller, Atty. Gen., James E. Ryan, Jr., Deputy Atty. Gen., David E. Evans and Frederick S. Fisher, Asst. Attys. Gen., Richmond, Va., for plaintiff.

Samuel G. Wilson, Asst. U. S. Atty., Roanoke, Va., for defendants.

MEMORANDUM OPINION AND ORDER

TURK, Chief Judge.

The Virginia Water Control Board ("the Board") challenges in this action for declaratory and injunctive relief the jurisdiction asserted by the defendants, under §§ 9 and 10 of the Rivers and Harbors Act of 1899 ("the 1899 Act"), 33 U.S.C. §§ 401, 403, over Smith Mountain Lake as "navigable waters of the United States." Jurisdiction over this...

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