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TAYLOR v. DISTRICT ENGINEER, U. S. ARMY CORPS, ETC.

No. 76-1922.

567 F.2d 1332 (1978)

Henry H. TAYLOR, Jr., as Trustee, owner of a 34-acre parcel, and Arthur B. Lujan, and Betty L. Lujan, as owners of adjacent 11 and 4-acre parcels, Plaintiffs-Appellants, v. DISTRICT ENGINEER, U. S. ARMY CORPS OF ENGINEERS, JACKSONVILLE, FLORIDA, an agency of the United States of America, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellee, v. Arthur B. LUJAN et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

February 17, 1978.

Attorney(s) appearing for the Case

R. Bruce Wallace, Jr., Robert J. Paterno, Miami, Fla., for plaintiffs-appellants.

Jack V. Eskenazi, U. S. Atty., Miami, Fla., Peter R. Taft, Asst. Atty. Gen., Carl Strass, Atty., Maryann Walsh, Atty., Dept. of Justice, Washington, D. C., for defendant-appellee.

Before GOLDBERG, AINSWORTH and FAY, Circuit Judges.

FAY, Circuit Judge:

The appeal before us today centers around the appellants' heretofore unsuccessful challenge to an administrative determination of the United States Army Corps of Engineers. Most of the issues raised by the appellants are without merit and will not be discussed. The appellants do, however, point out two irregularities in the processing and determination of their permit application, and, because of these irregularities, reversal of the district court...

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