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U.S. v. CITY OF DETROIT

No. 01-1277.

329 F.3d 515 (2003)

UNITED STATES of America, et al., Plaintiffs, UNITED STATES Army Corps of Engineers, Movant-Appellant, v. CITY OF DETROIT, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed May 15, 2003.

Attorney(s) appearing for the Case

Todd S. Aagaard (argued and briefed), United States Department of Justice, Environment Division Appellate Section, Washington, DC, for Appellant.

Joseph C. Basta, Dykema Gossett (argued and briefed), Ann Arbor, MI, John Fordell Leone, Office of the Attorney General, Natural Resources Division, Lansing, MI, Jill M. Wheaton, Mark D. Jacobs, R. Craig Hupp (briefed), Bodman, Longley & Dahling, Detroit, MI, for Appellees.

Before MARTIN, Chief Circuit Judge; KEITH, BOGGS, NORRIS, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, GILMAN, GIBBONS and ROGERS, Circuit Judges.

KEITH, J., delivered the opinion of the court, in which BOYCE F. MARTIN, Jr., C.J., DAUGHTREY, COLE, CLAY, and GILMAN, JJ., joined. MOORE, J. (pp. 527-530), joined in J. KEITH's opinion as to Parts I, II, and III.A., and also delivered a separate opinion concurring in part and concurring in the judgment. ALAN E. NORRIS, J. (pp. 531-534), delivered a separate opinion concurring in part and dissenting in part, in which BOGGS, BATCHELDER, GIBBONS, and ROGERS, JJ., joined.

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