BUTTREY v. UNITED STATES

No. 81-3234.

690 F.2d 1170 (1982)

John BUTTREY and John Buttrey Developments, Inc., Plaintiffs-Appellants, v. UNITED STATES of America, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 8, 1982.


Attorney(s) appearing for the Case

Deutsch, Kerrigan & Stiles, Charles K. Reasonover, Pamela Pryor Mehle, New Orleans, La., for plaintiffs-appellants.

Kay Richman, Anne S. Almy, Appellate Section, U. S. Dept. of Justice, Land & Natural Resources Div., Washington, D. C., for defendants-appellees.

Before CLARK, Chief Judge, POLITZ and RANDALL, Circuit Judges.


RANDALL, Circuit Judge:

This is an appeal from a district court judgment rejecting the claim of plaintiffs-appellants John Buttrey and John Buttrey Developments, Inc. that the United States Army Corps of Engineers had improperly denied Buttrey's application for a dredge and fill permit under section 404 of the Clean Water Act. 33 U.S.C. § 1344 (Supp. IV 1980). We conclude that the procedures afforded Buttrey in the determination of his permit application violated...

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