LIBBY ROD AND GUN CLUB v. POTEAT

Nos. 78-3297, 78-3307.

594 F.2d 742 (1979)

LIBBY ROD AND GUN CLUB et al., Plaintiffs-Appellees, v. John POTEAT et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

March 15, 1979.


Attorney(s) appearing for the Case

Carl Strass (argued), Dept. of Justice, Washington, D. C., Nelson L. Bain (argued), of Sullivan, Beauregard, Clarkson, Moss, Brown & Johnson, Washington, D. C., for defendants-appellants.

James H. Goetz (argued), Bozeman, Mont., for plaintiffs-appellees.

Before WRIGHT, KENNEDY and TANG, Circuit Judges.


EUGENE A. WRIGHT, Circuit Judge:

This is an appeal from a preliminary injunction which enjoined construction of the Libby Additional Units and Reregulation Dam (hereinafter LAURD) on the Kootenai River in Montana.1

The project was authorized by the Flood Control Act of 1950 (the Act), Pub.L. 516, 64 Stat. 170 (May 17, 1950). Construction began on the main dam in 1966, and was completed in 1973. The Act authorized ten generators...

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