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INLAND OIL & TRANSPORT CO. v. U. S.

No. 79-1031.

600 F.2d 725 (1979)

INLAND OIL AND TRANSPORT CO., Appellant, v. UNITED STATES of America, United States Army Corps of Engineers, Clifford L. Alexander, Secretary of the Army of the United States, Leon McKinney, District Engineer of the St. Louis District Corps of Engineers and James Fogilphol, James Stewart and Vernon Drew, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 29, 1979.

Rehearing and Rehearing Denied July 20, 1979.

Attorney(s) appearing for the Case

Paul R. Hales, of Goldstein & Price, St. Louis, Mo., for appellant; Gary T. Sacks, St. Louis, Mo., on brief.

David V. Hutchinson, Atty., Torts Branch, Civ. Div., U. S. Dept. of Justice, Washington, D. C., for appellee; Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., Robert D. Kingsland, U. S. Atty., St. Louis, Mo., and William Kanter, Atty., Washington, D. C., on brief.

Before LAY, BRIGHT and HENLEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 20, 1979.

PER CURIAM.

Plaintiff Inland Oil and Transport Co. (Inland) brought this action against the United States, the Army Corps of Engineers, and a number of individual defendants in the district court1 to enjoin the continued enforcement of a Special Notice to Navigation Interests issued by the St. Louis District of the Army Corps of Engineers on March 16, 1977. Inland also asked...

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