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  5. 884 F.2d 394 (1989)
 

SYLVESTER v. U.S. ARMY CORPS OF ENGINEERS

Nos. 88-15376, 88-15477 and 88-15604.

884 F.2d 394 (1989)

Frederic D. SYLVESTER, Plaintiff-Appellee/Cross-Appellant, v. U.S. ARMY CORPS OF ENGINEERS, Wayne J. Scholl, in his official capacity as District Engineer of the Corps; Patrick Kelley, in his official capacity as San Francisco Division Engineer of the Corps; Robert W. Page, in his official capacity as Assistant Secretary of the Army for Civil Works; John O. Marsh, Jr., in his official capacity as Secretary of the Army, Defendants-Appellants, and Perini Land & Development Company, a Delaware corporation, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 27, 1989.

As Amended on Denial of Rehearing and Rehearing August 22, 1989.

Attorney(s) appearing for the Case

Peter R. Steenland, Jr., Elizabeth Ann Peterson, Department of Justice, Washington, D.C., for defendants-appellants.

John M. Collette, Collette & Erickson, San Francisco, Cal., for defendant-appellant/cross-appellee.

Terry J. Houlihan, McCutchen, Doyle, Brown & Enersen, San Francisco, Cal., for plaintiff-appellee/ cross-appellant.

Michael J. Bean, Environmental Defense Fund, Wm. Robert Irvin, National Audubon Society, Washington, D.C., for amici.

Before CHOY, SNEED and NOONAN, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc August 22, 1989.

SNEED, Circuit Judge:

We issued an order on February 23, 1989, modifying a preliminary injunction in a suit by Frederic D. Sylvester against the United States Army Corps of Engineers (the Corps), four federal officials (with the Corps, referred to as the "Federal Defendants"), and Perini Land & Development Company (Perini).

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