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SAVE LAKE WASHINGTON v. FRANK

No. 79-4324.

641 F.2d 1330 (1981)

SAVE LAKE WASHINGTON, a nonprofit Corporation; Jane M. McClelland; Lucille Wilkins; Shirley L. Arwein; Gilbert G. Eade; Wheeler Grey; Rodney Johnson; Donald Kindred; Jim Owens; Robert Phelps; Richard C. Philbrick; Benjamin J. Smith; Harold F. Stack; Sherbert Stevenson; and Gregory Zettler, Plaintiffs-Appellants, v. Richard A. FRANK, Administrator of the National Oceanic and Atmospheric Administration; Lt. General John W. Morris, Chief of Engineers of the United States Army Corps of Engineers; and Joel W. Solomon, Administrator of General Services, General Services Administration, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Withdrawn and Resubmitted February 24, 1981.

Decided April 13, 1981.

Attorney(s) appearing for the Case

Roger M. Leed, Seattle, Wash., argued for plaintiffs-appellants; Michael W. Gendler, Seattle, Wash., on brief.

James T. Draude, Atty., Dept. of Justice, Washington, for defendants-appellees.

Before ANDERSON and FLETCHER, Circuit Judges, and EAST, District Judge.

J. BLAINE ANDERSON, Circuit Judge:

The plaintiffs, Save Lake Washington ("SLW") and numerous private citizens residing on Lake Washington, appeal from the district court's judgment vacating a preliminary injunction and denying entry of a permanent injunction against the construction of certain docking facilities on the lake for use by oceangoing vessels in the service of the National Oceanic and Atmospheric Administration ("NOAA"). We affirm.

I. BACKGROUND...

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