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UNITED STATES v. BYRD

No. 78-2459.

609 F.2d 1204 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Donald G. BYRD, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 15, 1979.

Rehearing Denied December 19, 1979.

Attorney(s) appearing for the Case

Richard C. Ver Wiebe, Fort Wayne, Ind., for defendant-appellant.

Robert L. Klarquist, Department of Justice, Land & Natural Resources Division, Washington, D.C., for plaintiff-appellee.

Before CUMMINGS, Circuit Judge, MOORE, Senior Circuit Judge, and TONE, Circuit Judge.

MOORE, Senior Circuit Judge.

The defendant Donald Byrd appeals from an order granting the plaintiff's (United States) motion for summary judgment and from the judgment thereon, entered on August 11, 1978 in the United States District Court for the Northern District of Indiana, Honorable Robert A. Grant, District Judge, whereby Byrd and two other defendants, who have not appealed, were permanently enjoined "from placing any fill or other material of any kind...

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