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MILLER v. UNITED STATES

No. 80-1660.

654 F.2d 513 (1981)

Lewis Earl MILLER; Don Scoggins and The Wilder Cemetery Association, Appellants, v. UNITED STATES and Colonel Dale K. Randels, District Engineer, Little Rock District, Corps of Engineers, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 22, 1981.

Attorney(s) appearing for the Case

H. Clay Robinson (argued), Pryor, Robinson, Taylor & Barry, Fort Smith, Ark., Edward Allen Gordon, Gordon & Gordon, Morrilton, Ark., for appellants.

James W. Moorman, Asst. Atty. Gen., Washington, D. C., George Proctor, U. S. Atty., Little Rock, Ark., Markham Lester, Asst. U. S. Atty., Little Rock, Ark., Kathryn A. Oberly, Robert B. Schaefer (argued), Attys., Dept. of Justice, Washington, D. C., for appellees; R. E. Rogers, Jr., Acting Dist. Counsel, Corps of Engineers, Little Rock, Ark., Calon Blackburn, Jr., Asst. Dist. Counsel, Corps of Engineers, Little Rock, Ark., of counsel.

Before HEANEY, HENLEY and ARNOLD, Circuit Judges.

PER CURIAM.

Appellants, Lewis Earl Miller, Don Scoggins and The Wilder Cemetery Association, filed a complaint requesting that appellees, United States of America and Colonel Dale K. Randels (District Engineer, Army Corps of Engineers), be enjoined from proceeding with construction of a dam on Cypress Creek in Conway County, Arkansas. Appellants' complaint was based on an allegedly inadequate Environmental Impact Statement (EIS) filed by the Army Corps of Engineers...

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