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VIEUX CARRE PROPERTY OWNERS, RESIDENTS AND ASSOCIATES v. BROWN

No. 90-3740.

948 F.2d 1436 (1991)

VIEUX CARRE PROPERTY OWNERS, RESIDENTS AND ASSOCIATES, INC., Plaintiff-Appellant, v. Colonel Lloyd Kent BROWN, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 26, 1991.

Attorney(s) appearing for the Case

James G. Derbes, James R. Logan, IV, New Orleans, La., for plaintiff-appellant.

Andrea Ferster, Chris Gobert, New Orleans, La., Elizabeth S. Merritt, David A. Doheny, Washington, D.C., for amicus curiae, Nat. Trust.

Charles M. Lanier, Phelps, Dunbar, Marks, Claverie & Sims, New Orleans, La., for Bd. of Com'rs, Port of N.O.

Henry W. Kinney, Kinney & Marshall, New Orleans, La., for Audubon Park Com'n.

Okla Jones, II, City Atty., Bruce E. Naccari, Dept. of Law, City of New Orleans, City Atty's Office, William D. Aaron, New Orleans, La., for City of New Orleans.

Harry Rosenber, U.S. Atty., S. Mark Gallinghouse, Asst. U.S. Atty., New Orleans, La., Elizabeth A. Peterson, Atty., Dept. of Justice, Appellant Section, Martin W. Matzen, Washington, D.C., for Brown — U.S.

Before REYNALDO G. GARZA, WIENER, and BARKSDALE, Circuit Judges.

WIENER, Circuit Judge:

For the second time, this court is asked to resolve the continuing dispute between Vieux Carre Property Owners, Residents and Associates, Inc. (Vieux Carre), an historic building preservation group, and the United States Army Corps of Engineers (the Corps) over the construction of a riverside park in New Orleans. In this appeal, Vieux Carre urges us to overrule the district court's decision on remand dismissing Vieux Carre's suit on various...

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