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SIMMONS v. U.S. ARMY CORPS OF ENGINEERS

No. 97-1131.

120 F.3d 664 (1997)

Bill Edward SIMMONS, Maxine Dorothy Simmons, Steven J. Shaffner, Kathleen R. Shaffner, Laurel P. Touissant, Thomas Bik and Martha Crothers, Plaintiffs-Appellants, v. UNITED STATES ARMY CORPS OF ENGINEERS, Togo West, Secretary of the Army, Maj. Gen. Patrick Stevens, Chief of Engineers, U.S. Army Corps of Engineers, Ralph Greico, Commander and District Engineer, U.S. Army Corps of Engineers, and The City of Marion, Illinois, Robert Butler, Mayor, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 14, 1997.

Attorney(s) appearing for the Case

Mark A. Brittingham (argued), Patrick K. Ryan, Casserly, Jones & Brittingham, St. Louis, MO, for Plaintiffs-Appellants.

William E. Coonan (argued), Office of the United States Attorney, Civil Division, Fairview Heights, IL, for United States Army Corps of Engineers, Togo West, Patrick Stevens, Ralph Grieco, Defendants-Appellees.

Thomas W. Alvey, Jr., Stephen G. Jeffery (argued), Ann C. Barron, Thompson Coburn, Belleville, IL, for City of Marion, Il, Defendant-Appellee.

Albert F. Ettinger, Freeman, Freeman & Salzman, Chicago, Il, for Amicus Curiae.

Before BAUER, CUDAHY and KANNE, Circuit Judges.

CUDAHY, Circuit Judge.

Eight years have elapsed since the City of Marion, Illinois, first proposed building a new water reservoir in the southernmost tip of Illinois. In those eight years a tale has unfolded that is all too familiar. Lawsuits have stopped the project short; the case has visited the district court twice; and Marion still is no closer to a new water supply. As is routine in American administrative law, the...

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