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STATE WATER CONTROL BD. v. HOFFMANN

No. 77-1396.

574 F.2d 191 (1978)

STATE WATER CONTROL BOARD, an Agency of the Commonwealth of Virginia, Appellant, v. Martin R. HOFFMANN, Secretary of the Army, Lt. General William C. Gribble, Chief, the Army Corps of Engineers and Col. Homer Johnstone, District Engineer, Wilmington, District, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 19, 1978.

Attorney(s) appearing for the Case

Frederick S. Fisher, Asst. Atty. Gen., Richmond, Va. (Anthony F. Troy, Atty. Gen. of Virginia, James E. Ryan, Jr., Deputy Atty. Gen. and David E. Evans, Asst. Atty. Gen., Richmond, Va., on brief), for appellant.

Dirk D. Snel, Atty., Dept. of Justice, Washington, D.C. (James W. Moorman, Acting Asst. Atty. Gen., Washington, D.C., Paul R. Thomson, Jr., U.S. Atty., Roanoke, Va., Edmund B. Clark and John E. Varnum, Attys., Dept. of Justice, Washington, D.C., on brief), for appellees.

Before FIELD, Senior Circuit Judge, and WIDENER and HALL, Circuit Judges.

FIELD, Senior Circuit Judge:

In this action for declaratory and injunctive relief the Virginia Water Control Board challenged the jurisdiction asserted by the Army Corps of Engineers over Smith Mountain Lake under Sections 9 and 10 of the Rivers and Harbors Act of 1899, 33 U.S.C. §§ 401, 403.1 The primary issue in the district court was the status of the lake as a "navigable water of the United States," since such a finding of...

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