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UNITED STATES v. LAMBERT

No. 81-5789.

695 F.2d 536 (1983)

UNITED STATES of America, Plaintiff-Appellant, v. William R. LAMBERT, Lucille H. Lambert, and Richard Angel, Individually and d/b/a Southern Seafood Co. of Florida, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 14, 1983.

Attorney(s) appearing for the Case

Elizabeth A. Jenkins, Asst. U.S. Atty., Orlando, Fla., Nancy J. Marvel, David E. Dearing, Anne Almy, Attys., Environmental Defense Section, Land & Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Allen C.D. Scott, II, Maxwell & Scott, Jacksonville, Fla., Robert J. DeLucia, for defendants-appellees.

Michael A. Sterlacci, Washington, D.C., for F./Washington Legal Foundation.

Before RONEY, TJOFLAT and FAY, Circuit Judges.

RONEY, Circuit Judge:

The Government appeals from the denial of a preliminary injunction which it sought to restrain appellees, William R. Lambert, Lucille H. Lambert, and Richard Angel (Lambert), from further construction, filling, or discharging pollutants into the wetlands adjacent to the Banana River without a permit from the United States Army Corps of Engineers (Corps). The district court found that although the Government had demonstrated a likelihood it would...

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