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SMITH v. TEXAS DEPT. OF WATER RESOURCES

No. 85-1453.

818 F.2d 363 (1987)

Victoria A. SMITH on behalf of herself and all others similarly situated, Plaintiff-Appellant, v. TEXAS DEPARTMENT OF WATER RESOURCES, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 3, 1987.

Attorney(s) appearing for the Case

Sheila S. Asher, Stephen Greenberg, Martin, Cox & Greenberg, Austin, Tex., for plaintiff-appellant.

Carla M. Crisford, Asst. Atty. Gen., Jim Mattox, Atty. Gen., Lawrence J. King, Asst. Atty. Gen., Austin, Tex., for defendants-appellees.

Before REAVLEY and POLITZ, Circuit Judges, and KAZEN, District Judge.

KAZEN, District Judge:

Upon initial appeal, we vacated the judgment in favor of the Defendants and remanded to the district court for more specific findings. Smith v. Texas Dept. of Water Resources, 799 F.2d 1026 (5th Cir.1986) (Smith I).

In Smith I, we recited in some detail the evidence developed at the trial of the case, and observed that this evidence "obviously could lead to sharply conflicting conclusions...

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