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DARDAR v. LAFOURCHE REALTY CO., INC.

No. 87-3629.

849 F.2d 955 (1988)

Summersgill DARDAR, et al., Plaintiffs-Appellants, v. LAFOURCHE REALTY CO., INC., et al., Defendants, Col. Eugene S. Witherspoon, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 18, 1988.

Attorney(s) appearing for the Case

Michael Osborne, Osborne & McComiskey, New Orleans, La., for plaintiffs-appellants.

Kai David Midboe, Baton Rouge, La., for State of La.

Dirk Snell, Carl Strass, Environmental Def. Sect., Land & Natural Resources Div., Robert L. Klarquist, Washington, D.C., John P. Volz, U.S. Atty., New Orleans, La., for Federal.

William R. Pitts, New Orleans, La., for Lafourche Realty Co.

Before CLARK, Chief Judge, GOLDBERG and GARWOOD, Circuit Judges.

GOLDBERG, Circuit Judge:

Plaintiff-Appellants, small boat fishermen of the Louisiana bayou country (the "Fishermen"), brought suit under The Administrative Procedures Act, 5 U.S.C. § 701 et seq., to challenge permits, granted by the Army Corps of Engineers (the "Corps"), allowing Lafourche Realty Co. ("Lafourche Realty") to erect barriers on its own property, which effectively barred Appellants from their traditional...

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