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ORLEANS AUDUBON SOC. v. LEE

No. 83-3389.

742 F.2d 901 (1984)

ORLEANS AUDUBON SOCIETY, et al., Plaintiffs-Appellants, Sierra Club, Intervenor-Appellant, v. Colonel Robert C. LEE, in his official capacity as District Engineer, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied November 16, 1984.

Attorney(s) appearing for the Case

Frank A. Silvestri, Derbes & Derbes, Peter D. Derbes, New Orleans, La., for plaintiffs-appellants.

Carol E. Dinkins, U.S. Dept. of Justice, Washington, D.C., William F. Baity, Asst. U.S. Atty., New Orleans, La., Dirk D. Snel, Arthur E. Gowran, U.S. Dept. of Justice, Washington, D.C., Harless Benthul, U.S.E. P.A., Dallas, Tex., Catherine Winer, U.S.E. P.A., Washington, D.C., for defendants-appellees.

Joseph E. LeBlanc, Jr., New Orleans, La., for C.I.T.

Before REAVLEY, JOHNSON and JOLLY, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 16, 1984.

E. GRADY JOLLY, Circuit Judge:

I.

A.

This environmental suit involves a 466-acre tract of cypress-tupelo gum swamp located on the west bank of the Mississippi River in Jefferson Parish, Louisiana. The tract is bounded on the northeast by a residential subdivision known as Lincolnshire, on the west by the Drill Hole Canal, a small artificial canal constructed during the 1960s, and...

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