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SIERRA CLUB v. FROEHLKE

No. 86-2247.

816 F.2d 205 (1987)

SIERRA CLUB, et al., Plaintiffs-Appellees, v. Robert F. FROEHLKE, Etc., et al., Defendants-Appellants, Trinity River Authority of Texas, and Chambers-Liberty Counties Navigation District, et al., Intervenors-Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 11, 1987.

Attorney(s) appearing for the Case

Warren G. Clark, Anahuac, Tex., for Chambers-Liberty.

James R. Gough, Asst. U.S. Atty., Henry K. Oncken, U.S. Atty., Houston, Tex., for U.S.

James H. Keahey, Austin, Tex., for Trinity River Authority of Texas.

Charles L. Berry, Sharon M. Mattox, Houston, Tex., Richard D. Milvenan, Austin, Tex., for City of Houston.

Paul Elliott, Asst. Atty. Gen., Austin, Tex., for State of Tex.

Raymond B. Ludwiszewski, Robert L. Klarquist, David C. Shilton, U.S. Dept. of Justice, Land & Natural Resources Div., Appellate Section, Washington, D.C., for John O. Marsh.

Rayburn Berry, Houston, Tex., Robert G. Dreher, Washington, D.C., for Sierra Club, Houston Audubon Soc.

Before THORNBERRY, GEE and REAVLEY, Circuit Judges.

REAVLEY, Circuit Judge:

This is an appeal from the district court's judgment refusing to lift the permanent injunction that halted construction of the Wallisville Lake Project (Wallisville) in 1973. In 1985, the United States Army, Corps of Engineers (the Corps) filed a motion with the district court to have the injunction dissolved, arguing that they had fully complied with its terms. Also supporting dissolution of the injunction were intervenors, the Trinity River...

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