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SYLVESTER v. U.S. ARMY CORPS OF ENGINEERS

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

871 F.2d 817 (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.

Attorney(s) appearing for the Case

Peter R. Steenland, Jr., Elizabeth Ann Peterson, Dept. 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, Hope Babcock, for Nat. Audubon Society, Washington, D.C., for amici.

William Robert Irvin, Washington, D.C., for Nat. Wildlife Federation.

Before CHOY, SNEED, and NOONAN, Jr., Circuit Judges.

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).1 This opinion sets forth our reasoning and supersedes our order of February 23, 1989, with an order vacating...

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