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STATE OF MO. EX REL. ASHCROFT v. DEPT. OF THE ARMY

Nos. 81-1224, 81-1225.

672 F.2d 1297 (1982)

STATE OF MISSOURI ex rel. John ASHCROFT, Missouri Clean Water Commission, Department of Natural Resources, The Missouri Conservation Commission, Appellants, Dale Rountree, Max A. Smith, Calvin C. Johnson, Alton Burns, James E. Jones, Kenneth D. McCall, Ray Pinkman, Shelby A. Masters, Scott Johnson and David Johnson, v. DEPARTMENT OF THE ARMY, Corps of Engineers, Clifford Alexander, Jr., Lt. Gen. John W. Morris and Col. Richard Curl, Appellees. STATE OF MISSOURI ex rel. John ASHCROFT, Missouri Clean Water Commission, Department of Natural Resources, The Missouri Conservation Commission, Dale Rountree, Max A. Smith, Calvin C. Johnson, Alton Burns, James E. Jones, Kenneth D. McCall, Ray Pinkman, Shelby A. Masters, Scott Johnson and David Johnson, Appellants, v. DEPARTMENT OF THE ARMY, Corps of Engineers, Clifford Alexander, Jr., Lt. Gen. John W. Morris and Col. Richard Curl, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 9, 1982.

Attorney(s) appearing for the Case

John Ashcroft, Atty. Gen., Jerry Short, Asst. Atty. Gen., Jefferson City, Mo., for appellants.

Joseph B. Phillips, Stockton, Mo., for Class Action appellants.

William B. Ellis, Hunton & Williams, Richmond, Va., for amici curiae.

J. Whitfield Moody, U. S. Atty., E. Eugene Harrison, Asst. U. S. Atty., August V. Spallo, Terence J. Kelley, Asst. Dist. Counsels, U. S. Army Corps of Engineers, Kansas City, Mo., for appellees.

Before ROSS and STEPHENSON, Circuit Judges, and HOWARD, District Judge.

STEPHENSON, Circuit Judge.

Plaintiff-appellants representing the state of Missouri and affected landowners appeal the district court's1 denial of relief from defendants-appellees Department of the Army, Corps of Engineers. Appellants allege the Corps of Engineers acted without authority in constructing a 45,200 kilowatt (kw) generator on the Sac River near Stockton, Missouri. The district court, in a well-reasoned and thorough opinion...

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