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TEX. COM. ON NATURAL RESOURCES v. MARSH

No. 83-2145.

741 F.2d 823 (1984)

TEXAS COMMITTEE ON NATURAL RESOURCES and Mrs. Peggy Amerson, Plaintiffs-Appellees, v. John O. MARSH, Jr., Secretary, Department of the Army, Defendant-Appellant, North Texas Municipal Water District, Sulphur River Municipal Water District and City of Irving, Texas, Intervenors-Appellants.

United States Court of Appeals, Fifth Circuit.

September 17, 1984.

Attorney(s) appearing for the Case

Roland Boyd, William M. Boyd and John E. Gay, McKinney, Tex., for North Tex., et al.

William Cornelius, Asst. U.S. Atty., Tyler, Tex., and James M. Spears, Atty., U.S. Dept. of Justice, Washington, D.C., for Marsh, Secretary of the Army.

Don J. Rorschach, City Atty., Irving, Tex., for City of Irving, Tex.

Edward C. Fritz, Dallas, Tex., and Richard A. Shannon, Austin, Tex., for Tex. Committee.

Jim Mattox, Atty. Gen., and R. Lambert Townsend, Asst. Atty. Gen., for amicus curiae, State of Tex.

Before TATE, JOLLY and DAVIS, Circuit Judges.

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

(Opinion July 16, 5th Cir.1984, 736 F.2d 262).

E. GRADY JOLLY, Circuit Judge:

No member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc, (Federal Rules of Appellate Procedure and Local Rule 35) the Suggestion for Rehearing En Banc is DENIED.

The appellees have raised...

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