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LEAGUE OF WOMEN VOTERS v. U.S. CORPS OF ENGINEERS

No. 81-1947.

730 F.2d 579 (1984)

LEAGUE OF WOMEN VOTERS OF TULSA, INC., a non-profit corporation, League of Women Voters of Oklahoma, Inc., a non-profit corporation, Patricia Laner, Sudye Neff Kirkpatrick, and Kathy Groshong, Plaintiffs-Appellees, v. The UNITED STATES CORPS OF ENGINEERS, Lieutenant General John W. Morris, Commanding Officer, United States Corps of Engineers, Colonel Anthony A. Smith, Commanding Officer, United States Corps of Engineers, Tulsa District, and Honorable John O. Marsh, Jr., Secretary of the Army, Defendants-Appellants, City of Tulsa, Oklahoma, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

March 14, 1984.

Attorney(s) appearing for the Case

Martin W. Matzen, Atty., Dept. of Justice, Washington, D.C. (Carol E. Dinkins, Asst. Atty. Gen., Washington, D.C., Frank Keating, U.S. Atty., Hubert A. Marlow, Asst. U.S. Atty., Tulsa, Okl., Anne S. Almy, Atty., Dept. of Justice, Washington, D.C., with him on brief, Russell Petit, Atty., U.S. Army Corps of Engineers, Washington, D.C., James G. Dwen, Jr., Asst. Dist. Counsel, U.S. Army Corps of Engineers, Tulsa Dist., Tulsa, Okl., of counsel), for defendants-appellants.

Andrew T. Dalton, Jr., Tulsa, Okl. (James N. Khourie, Tulsa, Okl., with him on brief), for plaintiffs-appellees.

Neal E. McNeill, City Atty., Imogene Harris, Asst. City Atty., Tulsa, Okl., filed brief on behalf of amicus curiae City of Tulsa, Okl.

Before SETH, Chief Judge, and SEYMOUR and TIMBERS, Circuit Judges.

SETH, Chief Judge.

The trial court held that the Corps-Tulsa final contract for water storage space in Oologah Reservoir and repayment of the City's share of cost was a major federal action requiring a full NEPA impact statement by the Corps of Engineers. The Corps takes this appeal and urges that there were no discretionary elements left as all the planning, contracting for space and construction had been completed, thus...

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