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SAVE GREERS FERRY LAKE v. DEPARTMENT OF DEFENSE

Nos. 00-3320, 00-3321.

255 F.3d 498 (2001)

SAVE GREERS FERRY LAKE, INC., an Arkansas Not-For-Profit Corporation, Appellant/cross-appellee, John E. ALLEN, Richard E. Atkins, Clement Valys, Paul E. Barley, Jim Wallis, John Gillenwater, Jim Hale, Bill Hebert, Gene Rudd, Charles Purtle, Joe Coe, Neil Beisenstein, Samual Boellner, James Bolhuis, Wesley Harris, Chuck Case, S.C. Cooke, Carol Fick, Jim Gowen, William Avrett, Timothy Henwood, Gene Cutrell, Stacy Schmidt, Bob Pittman, John Reaves, Shelby Moore, Edmund Massey, Kenneth Nadeau, Cecil Roberts, Michael Stuart, Larry Jolley, John C. Olsen, Bill Julian, Intervenor Plaintiffs-Appellees. v. DEPARTMENT OF DEFENSE, United States Army Corps of Engineers, Thomas A. Holden, Jr., Colonel, District Engineer, Little Rock District Corps of Engineers, Edwin J. Arnold, Brigadier General, Division Commander, Southwest Division, U.S. Army Corps of Engineers, Joseph N. Ballard, Lt. Gen., Chief of Engineers, U.S. Army Corps of Engineers; Joseph Westphal, Assistant Secretary, Civil Works, U.S. Department of the Army, Louis Caldera, Secretary of the United States Department of the Army, Appellees/cross-appellants. Lance Phillips, William C. Adkisson, Don St. Pierre, Gerald Schenebeck, Albert Vajda, Thomas Kennedy, Charles Doty, Jenette Hebert, Donald Faughn, Mike Hoffman, Movants.

United States Court of Appeals, Eighth Circuit.

Filed: July 3, 2001.

Attorney(s) appearing for the Case

G. Allen Perkins, argued, Little Rock, AR, for plaintiffs-appellees.

Richard H. Mayes, argued, Little Rock, AR, for Save Greers Ferry Lake.

Before McMILLIAN and BEAM, Circuit Judges, and KYLE, District Judge.

McMILLIAN, Circuit Judge.

Greers Ferry Lake (the Lake) is located in the Ozark Mountains, within the State of Arkansas, and its shoreline is under the management of the United States Corps of Engineers, Little Rock District (the Corps). On April 12, 2000, a not-for-profit organization, Save Greers Ferry Lake, Inc. (SGFL), filed the present action in the United States District Court for the Eastern District of Arkansas2 under the judicial...

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