CREPPEL v. U.S. ARMY CORPS OF ENGINEERS

No. 80-3743.

670 F.2d 564 (1982)

Jacques J. CREPPEL, et al., Plaintiffs-Appellants, v. The UNITED STATES ARMY CORPS OF ENGINEERS, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 17, 1982.


Attorney(s) appearing for the Case

Harold L. Molaison, Gretna, La., for H. Molaison, L. Molaison, Barry Samuel, Bernard Samuel and M. Samuel.

Joseph E. LeBlanc, Jr., New Orleans, La., for J. Creppel, K. Knight, K. Carter, F. Creppel, D. Morrow, R. Pitre, W. Pitre, I. Goldman, B. Goldman, W. Mosby, B. Euganks and R. Fleming.

Bruce M. Chadwick, Washington, D.C., for Nat. Wildlife, amicus.

A. Donald Mileur, Appellate Section, Land & Natural Resources Division, James W. Moorman, Anne S. Almy, Dept. of Justice, Washington, D.C., for defendants-appellees.

Before BROWN, COLEMAN and RUBIN, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

The owners of some of the land that would be benefitted by completion of a small flood control project, approved eighteen years ago, contest the validity of a Corps of Engineers directive that would modify the project so as to eliminate the pumping station that would drain their land. The district court found that the official directive was neither arbitrary nor capricious, its issuance was within the discretion permitted by the controlling...

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