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BUTTREY v. UNITED STATES

No. 81-3649.

690 F.2d 1186 (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, New Orleans, La., for plaintiffs-appellants.

Alfred P. Holmes, Jr., U. S. Army Corps of Engineers, Mobile, Ala., Kay Richman, Anne S. Almy, Appellate Section, Land & Natural Resources Div., Dept. of Justice, Washington, D. C., for defendants-appellees.

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

RANDALL, Circuit Judge:

Plaintiffs-Appellants John Buttrey and John Buttrey Developments, Inc., are developers of a subdivision in Slidell, Louisiana, known as Magnolia Forest. On May 5, 1980, the United States Army Corps of Engineers issued a cease and desist order advising Buttrey that his placement of a fill in a wetland area was regulated by the Corps and that initiating such work without a permit violated section 404...

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