Albert J. AVENAL, Jr., and 129 similarly situated, Plaintiffs-Appellants,
v.
The UNITED STATES, Defendant-Appellee.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
November 12, 1996.
November 12, 1996.
Attorney(s) appearing for the Case
Wendell H. Gauthier, Gauthier & Murphy, Metairie, Louisiana, for plaintiffs-appellants. Of counsel on the brief were Michael X. St. Martin and Michelle M. Davis, St. Martin & Lirette, and Carolyn McNabb, P.L.C., Houma, Louisiana.
Martin W. Matzen, Attorney, Environment and Natural Resources Division, Department of Justice, Washington, D.C., for defendant-appellee. With him on the brief were Lois J. Schiffer, Assistant Attorney General, Jacques B. Gelin and Thorton Withers Field. Of counsel on the brief was Marco A. Rosamano, U.S. Army Corps of Engineers, New Orleans, Louisiana. Of counsel was David C. Shilton, Attorney, Environment and Natural Resources Division, Department of Justice, Washington, D.C.
Before RICH, NEWMAN and PLAGER, Circuit Judges.
United States Court of Appeals, Federal Circuit.
PLAGER, Circuit Judge.
This is a Takings case.1 Albert Avenal, Jr. and 129 similarly situated plaintiffs ("Avenal" or "plaintiffs") leased oyster beds from the State of Louisiana. During the lease term, fresh-water diversion projects under the aegis of the United States altered the salinity level in the water over the oyster beds, thus rendering the beds unsuitable for oyster cultivation. Plaintiffs brought suit in the Court of Federal...
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