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U.S. v. NORRIS

No. 90-5861.

937 F.2d 286 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Paul D. NORRIS, et al., Defendants, First Citizens National Bank of Dyersburg, Tennessee, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 21, 1991.

Attorney(s) appearing for the Case

Robert M. Williams, Jr., Asst. U.S. Atty., Office of U.S. Atty., Memphis, Tenn., Albert M. Ferlo, Jr. (argued), U.S. Dept. of Justice, Land & Natural Resources Div., Washington, D.C., Charles L. Harris, U.S. Army Corps of Engineers, Memphis Dist., Memphis, Tenn., for plaintiff-appellee.

Sammie L. Arnold (argued), Ashley & Ashley, Marianna G. Williams, Ashley & Ashley, Dyersburg, for defendant-appellant.

Before NELSON and SUHRHEINRICH, Circuit Judges, and HACKETT, District Judge.

PER CURIAM.

The defendant bank acquired ownership of a parcel of land through mortgage foreclosure proceedings. Before he obtained the mortgage loan, the borrower had built a substantial levee and ditch that changed the physical character of the property as a wetland. The work had been done in violation of federal law. Upon application by the United States, the district court entered an order requiring the bank to let the former owner restore the land to its earlier...

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