BURKEY v. ELLIS

Civ. A. No. 71-G-644-E.

483 F.Supp. 897 (1979)

Olivia P. BURKEY, as Administratrix of the Estate of Earle Montgomery and Individually, Plaintiff, v. John R. ELLIS, C. B. Munroe, W. B. Lingle, and C. W. Friday, Defendants.

United States District Court, N. D. Alabama, E. D.

September 6, 1979.


Attorney(s) appearing for the Case

Robert R. Reid, Jr. and Allen Poppleton, Bradley, Arant, Rose & White, Birmingham, Ala., for plaintiff.

J. R. Brooks, U. S. Atty., Henry I. Frohsin, Elizabeth Todd Campbell, Asst. U. S. Attys., Birmingham, Ala., for W. B. Lingle & C. W. Friday.

George F. Wooten and Clark Carpenter, Dixon, Wooten, Boyett, McCrary & Thornton, Talladega, Ala., for John R. Ellis and C. B. Munroe.


OPINION

GUIN, District Judge.

This action was brought to enjoin the defendants, both state and federal, from constructing, installing or further authorizing or financing any stream modification or channelization of Blue-Eye Creek, a tributary of the Coosa River in Talladega County, Alabama. That project was proposed by the Soil Conservation Service of the U. S. Department of Agriculture ("SCS") and the Blue-Eye Creek Watershed Conservancy District ("the...

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