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COKER v. SKIDMORE

No. 90-1928.

941 F.2d 1306 (1991)

J.C. COKER, III, et al., Plaintiffs-Appellees, Mississippi Wildlife Federation, Intervenor/Plaintiff-Appellee, v. Col. Francis R. SKIDMORE, in His Official Capacity as District Engineer, Vicksburg District, U.S. Army Corps of Engineers, et al., Defendants-Appellants, Board of Mississippi Levee Commissioners and Board of Levee Commissioners for the Yazoo Mississippi Delta, Intervenors/Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

September 6, 1991.

Attorney(s) appearing for the Case

Daniel Lynn, Asst. U.S. Atty., Civ. Div., Jackson, Miss., William B. Lazarus, Dirk D. Snell, U.S. Dept. of Justice, Environmental & Natural Resources Div., Washington, D.C., for Skidmore.

Charles S. Tindall, III, Lake, Tindall, Hunger & Thackston, Greenville, Miss., for Bd. of Mississippi Levee Com'rs.

John Whitten, Jr., Breland & Whitten, Sumner, Miss., for Bd. of Levee Com'rs of Yazoo.

Tim Waycaster, James L. Warren, III, Waycaster & Warren, Jackson, Miss., for Coker et al.

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

Before KING, JOHNSON and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:

Col. Francis R. Skidmore and all other defendants ("Appellants")1 appeal from an order of the district court enjoining construction of a levee on the Yazoo River and the condemnation of associated lands until such time as the U.S. Army Corps of Engineers ("Corps") prepares a supplemental Environmental Impact Statement ("EIS") covering the levee construction. Coker v. Skidmore, 744 F.Supp. 121

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