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HOGAN v. BROWN

Nos. 78-1034, 78-1050.

507 F.Supp. 191 (1980)

Louise McCall HOGAN v. Harold BROWN, Individually and as Secretary of the United States Department of Defense, John A. Moellering, District Engineer of the Vicksburg District of the United States Corps of Engineers, Ed J. Kilpatrick, Chief, Real Estate Division, Department of the Army, Vicksburg District, United States Corps of Engineers. Russell MARKS, Proctor Evers, J. Q. Brown, Buck Carter, Mrs. C. C. Durden, Bill P. Walden, Fred B. Hudgens, Billy S. Ball, Joe E. Evants, John H. Robertson, Reece Stanley, Laverne Rabbins and Ross Bryan v. Harold BROWN, Individually and as Secretary of the United States Department of Defense, John A. Moellering, District Engineer of the Vicksburg District of the United States Corps of Engineers, Ed J. Kilpatrick, Chief, Real Estate Division, Department of the Army, Vicksburg District, United States Corps of Engineers.

United States District Court, W. D. Arkansas, El Dorado Division.

On the Merits January 30, 1981.

Attorney(s) appearing for the Case

Joseph W. Gelzine and John P. Gill, Mitchell, Williams, Gill & Selig, Little Rock, Ark., for plaintiffs.

Larry McCord, U. S. Atty., J. Michael Fitzhugh, Asst. U. S. Atty., Fort Smith, Ark., and Dorothy R. Burakreis, Dept. of Justice, Washington, D. C., for defendants.

MEMORANDUM OPINION

ROY, District Judge.

These two cases, which were consolidated for trial purposes, concern the Felsenthal National Wildlife Refuge. Congress authorized the Felsenthal National Wildlife Refuge in Section 118 of the River and Harbor Act of 1970, P.L. 91-611, approved on December 31, 1970. The authorization modified the existing Ouachita and Black Rivers Navigation Project (River and Harbor Act...

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