STORY v. MARSH

Nos. 83-1643, 83-1644.

732 F.2d 1375 (1984)

George STORY, Story Farms, Inc., a Corp.; Hunter Rafferty; W.C. Bryant; Bryant Farms, Inc., a Corp.; Glen E. Ault, Jr.; Wendell Choate; Choate Farms, Inc., a Corp.; Lloyd Hall; Jim Bogle; Mount Level Farms, Inc., a Corp.; Consolidated Drainage District No. 1 of Mississippi County, Missouri and Levee District No. 3 of Mississippi County, Missouri, Appellees, v. John O. MARSH, Jr., Secretary of The Army; General Joseph K. Bratton, Chief of Engineers Corps of Engineers, U.S. Army; General William E. Read, Division Engineer, Lower Mississippi Valley Division, Corps of Engineers, U.S. Army and President, Mississippi River Commission and Colonel John F. Hatch, Jr., District Engineer, Memphis District, Corps of Engineers, U.S. Army, Village of East Cape Girardeau, et al., Amici Curiae (for appellants). UNITED STATES of America, Appellant, v. 11.9 ACRES OF LAND, MORE OR LESS, SITUATE IN MISSISSIPPI COUNTY, STATE OF MISSOURI, and James H. Amberg, et al., (Tract No. 5E), Appellees, UNITED STATES of America, v. 62.0 ACRES OF LAND, MORE OR LESS, SITUATE IN MISSISSIPPI COUNTY, STATE OF MISSOURI, and St. John Levee and Drainage District of New Madrid and Mississippi Counties, Missouri, et al., and Unknown Owners, (Tract No. 2E-2), Appellees, UNITED STATES of America, Appellant, v. 62.0 ACRES OF LAND, MORE OR LESS, SITUATE IN MISSISSIPPI COUNTY, STATE OF MISSOURI, and St. John Levee and Drainage District of New Madrid and Mississippi Counties, Missouri, et al., and Unknown Owners, (Tracts No. 3E and 10E), Appellees. UNITED STATES of America, Appellant, v. 1426.5 ACRES OF LAND, MORE OR LESS, SITUATE IN MISSISSIPPI AND NEW MADRID COUNTIES, State of Missouri, and Levee District No. 3 of Mississippi County, Missouri, et al., (Tracts Nos. 1E-1 and 1E-2), Appellees. UNITED STATES of America, Appellant, v. 1426.5 ACRES OF LAND, MORE OR LESS, SITUATE IN MISSISSIPPI AND NEW MADRID COUNTIES, State of Missouri, and Levee District No. 3 of Mississippi County, Missouri, et al. (Tract No. 2E-1), Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 13, 1984.

Rehearing Denied July 16, 1984.


Attorney(s) appearing for the Case

F. Henry Habicht, II, Acting Asst. Atty. Gen., Carol E. Dinkins, Asst. Atty. Gen., Washington, D.C., Thomas E. Dittmeier, U.S. Atty., St. Louis, Mo., Edwin B. Brzezinski, Asst. U.S. Atty., St. Louis, Mo., Philip M. Zeidner, Rebecca Donnellan, Jacques B. Gelin, Nancy B. Firestone, Attys., Dept. of Justice, Washington, D.C., for appellant; Martin Cohen, U.S. Army Corps of Engineers, Washington, D.C., Bruce Anderson, U.S. Army Corps of Engineers, Memphis, Tenn., Lucille Latta, U.S. Army Corps of Engineers, Vicksburg, Miss., of counsel.

James W. Herron, Richard A. Wunderlich, Lewis, Rice, Tucker, Allen & Chubb, St. Louis, Mo., amicus curiae.

Stephen E. Strom, Finch, Bradshaw, Strom & Steele, Cape Girardeau, Mo., for appellee Levee Dist. No. 3 of Mississippi County, Missouri.

James E. Reeves, Ward & Reeves, Caruthersville, Mo., for the above named appellees except appellee Levee District No. 3 of Mississippi County, Missouri.

Before LAY, Chief Judge, HENLEY, Senior Circuit Judge, and McMILLIAN, Circuit Judge.


Rehearing En Banc Denied July 16, 1984.

HENLEY, Senior Circuit Judge.

The United States and the Secretary of the Army, et al., appeal from an order of the district court, 574 F.Supp. 505, permanently enjoining the Secretary of the Army and his subordinates in the United States Army Corps of Engineers from artificially crevassing the frontline levee of the Birds Point — New Madrid Floodway (hereinafter "the Floodway...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases