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COKER v. SKIDMORE

Civ. A. No. W90-0040(B).

744 F.Supp. 121 (1990)

J.C. COKER, III, and Martha Barnwell, Individually and as Conservator of Ida Lena Hearn Kimbrough, Plaintiffs, Mississippi Wildlife Federation, Plaintiff-Intervenor, v. Col. Francis R. SKIDMORE, in his Official Capacity as District Engineer, Vicksburg District, U.S. Army Corps of Engineers; Ltg. Henry J. Hatch, in his Official Capacity as Chief of Engineers, Department of the Army; Robert W. Page, in his Official Capacity as Assistant Secretary of the Army, Civil Works; and Michael P.W. Stone, in his Official Capacity as Secretary of the Army, Defendants, Board of Mississippi Levee Commissioners and Board of Levee Commissioners for the Yazoo-Mississippi Delta, Defendant-Intervenors.

United States District Court, S.D. Mississippi, W.D.

September 5, 1990.

Attorney(s) appearing for the Case

Tim Waycaster, Jim Warren, Waycaster & Warren, Jackson, Miss., David B. McLaurin, Shutterworth Smith & Webb, Tupelo, Miss., for plaintiffs.

Charles S. Tindall, III, Lake Tindall Hunger & Thackston, Greenville, Miss., for Bd. of Miss. Levee Comm'n Bd. of Levee Comm'n for Yazoo.

John Whitten, Jr., Breland & Whitten, Sumner, Miss., Yazoo Delta Levee Bd.

Dan H. McDaniel, Heidelberg Woodliff, Jackson, Miss., for Miss. Wildlife Federation.

Daniel Lynn, Asst. U.S. Atty., Jackson, Miss., for defendants.

MEMORANDUM OPINION AND ORDER

BARBOUR, Chief Judge.

This cause is before the Court on the Complaint for Declaratory and Injunctive Relief filed by Plaintiffs in this matter. Having considered the arguments and evidence presented by the parties at a trial on the merits, the Court renders these findings of fact and conclusions of law.

I. FACTUAL AND PROCEDURAL BACKGROUND

In 1975 the United States Army Corps of Engineers ("the Corps"), in compliance...

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