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SIERRA CLUB v. HASSELL

Civ. A. No. 80-0179-H.

503 F.Supp. 552 (1980)

SIERRA CLUB and Natural Resources Defense Council, Inc., Plaintiffs, v. John S. HASSELL, Jr. et al., Defendants, Dauphin Island Property Owners Association, Intervenor-Defendant.

United States District Court, S. D. Alabama, S. D.

July 21, 1980.

Attorney(s) appearing for the Case

Larry T. Menefee and Gregory B. Stein, Mobile, Ala., Rick Middleton, Sierra Club Legal Defense Fund, Inc., Washington, D. C., Sarah Chasis, National Resources Defense Council, Inc., New York City, Lee L. Bishop, Natural Resources Defense Council, Washington, D. C., for plaintiffs.

Larry U. Sims, Champ Lyons Jr., and James B. Newman, Mobile, Ala., for Dauphin Island Property Owners Ass'n, intervenor-defendant and for defendants, Governor Fob James, Rex K. Rainer, Director, State Highway Dept. of the State of Alabama.

William A. Kimbrough, Jr., U. S. Atty., Mobile, Ala., James E. Brookshire, U. S. Dept. of Justice, Cleveland Thornton, Washington, D. C., for John S. Hassell, Jr., Acting Administrator, B. H. Boydston, Acting Division Administrator, Alabama Div., Federal Highway Administration, John B. Hayes, Commandant, U. S. Coast Guard, Neil Goldschmidt, Secretary, Dept. of Transp., Clifford Alexander, Secretary of Army, and Robert H. Ryan, Dist. Engineer, Mobile Dist., U. S. Army Corps of Engineers.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

HAND, District Judge.

Preliminary Statement

This matter is before the Court after a full evidentiary hearing on the merits. By motion of plaintiffs, both in writing and renewed in open court, and by agreement of all defendants, the hearing on the preliminary injunction was consolidated with a hearing on the merits, pursuant to Rule 65(a)(2), Federal Rules of Civil Procedure. At the hearing, the administrative...

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