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SHELTON v. MARSH

No. 89-5934.

902 F.2d 1201 (1990)

Jim SHELTON, William Shrewsbury, Michael Borders and George D. Zamias, Plaintiffs-Appellants, v. John O. MARSH, Ernest J. Harrell and Robert D. Brown III, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided May 4, 1990.

Attorney(s) appearing for the Case

Victor L. Baltzell, Jr., Nold, Miller, Mosley, Clare, Hubbard & Townes, Louisville, Ky., Harvey A. Feintuch (argued), Fink, Weinberger, Fredman, Berman, Lowell & Fensterheim, New York City, for plaintiffs-appellants.

Louis DeFalaise, U.S. Atty., Lexington, Ky., Frederick A. Stine, V, Asst. U.S. Atty., Covington, Ky., David C. Shilton, A. Terry Schley (argued), U.S. Dept. of Justice, Land & Natural Resources Div., Washington, D.C., Sam Mullett, U.S. Army Corps of Engineers, Huntington, W.Va., for defendants-appellees.

Before KENNEDY and NORRIS, Circuit Judges; and GADOLA, District Judge.

KENNEDY, Circuit Judge.

Appellants appeal the District Court's dismissal for failure to state a claim in their action under the Clean Water Act (CWA), 33 U.S.C. § 1251 et seq. Appellants1 sued the Army Corps of Engineers (the Corps)2 to prevent the construction of a shopping mall which would destroy a wetland area in Ashland, Kentucky. They claimed that...

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