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NATIONAL WILDLIFE FEDERATION v. WHISTLER

No. 93-1729.

27 F.3d 1341 (1994)

The NATIONAL WILDLIFE FEDERATION, Plaintiff, Michael Donahue, Plaintiff-Appellant, v. LTC John WHISTLER, Acting District Engineer, U.S. Army Corps of Engineers; Col. Stewart H. Bornhoft, District Engineer, U.S. Army Corps of Engineers; U.S. Army Corps of Engineers; Arthur E. Williams, Commander, U.S. Army Corps of Engineers; Turnbow Development Corporation; Kevin Turnbow, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 29, 1994.

Attorney(s) appearing for the Case

Lyle Howard Moe, Grand Forks, ND, argued, for appellant.

John A. Bryson, Washington, DC, argued (Rebecca A. Lloyd and Robert L. Klarquist, on the brief), for appellee.

Before MORRIS SHEPPARD ARNOLD, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and BARTLETT, District Judge.

JOHN R. GIBSON, Senior Circuit Judge.

The Turnbow Development Corporation sought permission from the United States Corps of Engineers to make several changes necessary to provide water access to a planned residential development. The Corps issued the permit pursuant to section 10 of the Rivers and Harbors Act, 33 U.S.C. § 403 (1988), and section 404(b) of the Clean Water Act, 33 U.S.C. § 1344(b) (1988), but conditioned...

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