OKL. WILDLIFE FEDERATION v. U.S. ARMY CORPS OF ENG.

No. 87-C-237-B.

681 F.Supp. 1470 (1988)

OKLAHOMA WILDLIFE FEDERATION, a non-profit corporation, Plaintiff, and State of Oklahoma, Sportsmen's Clubs of Texas, Inc., Prairie & Timber Audubon Society, Intervenors, v. UNITED STATES ARMY CORPS OF ENGINEERS, John Marsh, Jr., as Secretary of the Army of the United States, E.R. Heiberg, III, as Chief of Engineers, U.S. Army Corps of Engineers Tulsa District, Frank M. Patete, as Tulsa District Engineer, Defendants, and North Texas Municipal Water District, and Greater Texoma Utility Authority, Intervenors.

United States District Court, N.D. Oklahoma.

January 5, 1988.


Attorney(s) appearing for the Case

Michael C. Turpen, Victor N. Bird, Richard Gann, Tulsa, Okl., for Oklahoma Wildlife Federation.

Sara J. Drake, Asst. Atty. Gen., Environmental Div., Oklahoma City, Okl., for State of Okl.

Andrew T. Dalton, Jr., Tulsa, Okl., for Sportsmen's Clubs of Tex. and Prairie & Timber Audubon Soc., intervenors.

Tony M. Graham, U.S. Atty., Peter Bernhardt, Asst. U.S. Atty., Tulsa, Okl., for U.S. Army Corps of Engineers, John Marsh, Jr., as Secretary of the Army of U.S., E.R. Heiberg, III, Chief of Engineers, U.S. Army Corps of Engineers, Tulsa Dist., Frank M. Patete, Tulsa Dist. Engineer.

Kent L. Jones, Wm. G. Bernhardt, Tulsa, Okl., M. David Bryant, Jr., Dallas, Tex., for Northern Tex. Mun. Water Dist.

Douglas G. Caroom, Austin, Tex., and Mack M. Braly, Tulsa, Okl., for Greater Texas Utility Authority.

W. Lawrence Evans, Denison Tex., for City of Denison, Tex.


FINDINGS OF FACT AND CONCLUSIONS OF LAW

BRETT, District Judge.

This case was tried to the Court without a jury on the dates of November 23, 24, 25, 30 and December 1, 1987. The format of the trial was governed by the Court's Order on that subject of October 14, 1987, and the Pretrial Order dated November 20, 1987.

This action is one for declaratory and injunctive relief relative to a project to transfer reservoir water from Lake Texoma to Lake Lavon...

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