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ELLISON v. CONNOR

Nos. 97-30359, 98-30203.

153 F.3d 247 (1998)

Kathryn Gwin ELLISON; Whiskey Bay Acres L.L.C.; David M. Ellison, Jr., Plaintiffs-Appellants, v. William L. CONNOR, District Engineer, Department of the Army Corps of Engineers; United States of America, on behalf of U.S. Army Corps of Engineers, Defendants-Appellees. UNITED STATES of America, Plaintiff-Counter Defendant-Appellee, v. Jimmy D. LAVIOLETTE, Defendant-Counter Claimant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 11, 1998.

Attorney(s) appearing for the Case

Robert Thomas Jorden, Jr., John William Kolwe, Perret, Doise, Daigle, Lonfman, Russo & Zaunbrecher, Lawrence E. Donohoe, Jr., Lafayette, LA, for Kathryn and David Ellison, Jr., Whiskey Bay Acres, L.L.C. and Laviolette.

John A. Broadwell, Shreveport, LA, for Connor and United States.

Mary Alice Thurston, Andrew C. Mergen, U.S. Dept. of Justice/Appellate Section, Washington, DC, for United States.

Before KING and DAVIS, Circuit Judges, and VANCE, District Judge.

VANCE, District Judge:

Before the Court are the consolidated appeals of Kathryn and David Ellison ("Ellisons") and Jimmy D. Laviolette ("Laviolette"). The appellants appeal two adverse district court decisions involving the U.S. Corps of Engineers' ("Corps") refusal to issue permits allowing them to build camphomes on their property in the Atchafalaya floodway. We agree with the district court that it lacked subject matter jurisdiction to review the Corps' permitting...

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