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LYKES BROS., INC. v. U.S. ARMY CORPS OF ENGINEERS

No. 93-3179.

64 F.3d 630 (1995)

LYKES BROS., INC., a Florida corporation, Plaintiff-Appellee, v. UNITED STATES ARMY CORPS OF ENGINEERS, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 20, 1995.

Attorney(s) appearing for the Case

Douglas Molloy, Asst. U.S. Atty., Ft. Myers, FL, Vicki L. Plaut, David C. Shilton, Dept. of Justice, Env. & Natural Resources Div., Washington, DC, for appellants.

Charles W. Pittman, Ted R. Manry, III, Susan W. Fox, Harold D. Oehler, L.M. Buddy Blain, Tampa, FL, for appellee.

Before COX, Circuit Judge, FAY, Senior Circuit Judge, and CARNES, District Judge.

COX, Circuit Judge:

INTRODUCTION

Lykes Bros., Inc. ("Lykes") brought this civil action pursuant to 5 U.S.C. § 704 against the U.S. Army Corps of Engineers ("Corps") seeking to review and set aside the Corps' determination that Fisheating Creek in Glades County, Florida, is a navigable water of the United States from its mouth at the western shore of Lake Okeechobee to the bridge at State Road 731 near Venus, Florida, some 30 miles upstream. Lykes also...

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