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LESLIE SALT CO. v. FROEHLKE

Nos. 76-2414, 76-3135, 76-3202 and 76-2696.

578 F.2d 742 (1978)

LESLIE SALT CO. et al., Appellants-Cross-Appellees, v. Robert F. FROEHLKE, Secretary of the Army, et al., Appellees-Cross-Appellants, and Sierra Club et al., Appellees-Cross-Appellants. SIERRA CLUB et al., Appellees-Cross-Appellants, v. LESLIE SALT CO. et al., Appellants-Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

As Amended June 9, 1978.

Rehearing Denied July 19, 1978.

Attorney(s) appearing for the Case

Edgar B. Washburn (argued), of Landels, Ripley & Diamond, San Francisco, Cal., for appellants-cross-appellees.

Kathryn Oberly (argued), Anthony C. Liotta, Acting Dep. Ass't. Atty. Gen., Raymond N. Zagone, Washington, D.C., James L. Browning, Jr., U.S. Atty., David E. Golay, Asst. U.S. Atty., San Francisco, Cal., for appellees-cross-appellants Froehlke et al.

Before MERRILL, CUMMINGS, and SNEED, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 19, 1978.

SNEED, Circuit Judge:

These appeals deal with the scope of the regulatory jurisdiction of the U.S. Army Corps of Engineers ("Corps") over "navigable waters of the United States" as that term is used, first, in the Rivers and Harbors Act of 1899, 33 U.S.C. § 401 et seq., and, second, in the Federal Water Pollution Control Act of 1972, 33 U.S.C. § 1251, et seq.

Suit was initiated on March...

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