UNITED STATES v. DeFELICE

No. 80-3397 Summary Calendar.

641 F.2d 1169 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Savare DeFELICE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit A

April 9, 1981.


Attorney(s) appearing for the Case

Vance E. Ellefson, New Orleans, La., for defendant-appellant.

Hattie M. Broussard, Asst. U. S. Atty., Stanley Millan, U. S. Army Corps of Engineers, New Orleans, La., James W. Moorman, Dirk D. Snel, A. Donald Mileur, U. S. Dept. of Justice, Land & Natural Resources Division, Main Justice, Appellate Section, Washington, D. C., for plaintiff-appellee.

Before BROWN, POLITZ and TATE, Circuit Judges.


JOHN R. BROWN, Circuit Judge:

On February 28, 1980, the District Court entered an injunction ordering Appellant/DeFelice to remove the sand and other fill materials which he had placed in the Cheniere Traverse Canal. His actions constituted an attempt to restore access to his property. The Court found DeFelice's actions violated provisions of the 1899 Rivers and Harbors Act (RHA) and Federal Water Pollution Control Act (FWPCA) which require the authorization of the...

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