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ALLAIN-LEBRETON CO. v. DEPT. OF ARMY, ETC.

No. 80-3451 Summary Calendar.

670 F.2d 43 (1982)

ALLAIN-LEBRETON COMPANY, Plaintiff-Appellant, v. DEPARTMENT OF the ARMY, NEW ORLEANS DISTRICT, CORPS OF ENGINEERS, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 11, 1982.

Attorney(s) appearing for the Case

Alex P. Allain, Jeanerette, La., J. Francois Allain, New Orleans, La., for plaintiff-appellant.

John P. Volz, U. S. Atty., Marc J. Yellin, Asst. U. S. Atty., New Orleans, La., for United States.

Thomas L. Riesenberg, Anthony C. Liotta, Anne S. Almy (Appellate Sec.), U. S. Dept. of Justice, Land & Natural Resources Div., Washington, D. C., for defendants-appellees.

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

PER CURIAM:

The Allain-Lebreton Company sought declaratory and injunctive relief, and damages against the Army Corps of Engineers, the Department of Interior, Fish and Wildlife Division, and the Board of Commissioners, South LaFourche Levee District. The company alleged that the decision not to locate a hurricane protection levee on certain of its lands constituted a taking of its property without just compensation. The district court dismissed the action finding...

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