SAVE OUR WETLANDS, INC. v. SANDS

Nos. 81-3304, 81-3556.

711 F.2d 634 (1983)

SAVE OUR WETLANDS, INC., Plaintiff-Appellant, v. Colonel Thomas SANDS, etc., et al., Defendants-Appellees. (Two cases)

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 6, 1983.


Attorney(s) appearing for the Case

Peter D. Derbes, Luke Fontana, Frank Silvestri, New Orleans, La., for plaintiff-appellant.

John Volz, U.S. Atty., William F. Baity, Asst. U.S. Atty., New Orleans, La., Martin W. Matzen, Edward J. Shawaker, Attys., Dept. of Justice, Washington, D.C., for Sands, et al.

Monroe & Lemann, Eugene G. Taggart, McChord Carrico, New Orleans, La., for Louisiana Power and Light.

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


Rehearing and Rehearing En Banc Denied October 6, 1983.

CLARK, Chief Judge:

Save Our Wetlands, Inc., a nonprofit Louisiana corporation, filed this suit in an effort to block the construction of a 25-mile long electric transmission line along the west bank of the Mississippi River. The organization appeals from a district court dismissal of the complaint under Rule 41(b) of the Federal Rules of Civil Procedure. We affirm.

I. The Facts

In 1969...

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