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United States v. King Fisher Marine Servs.

Citation: 11 ELR 20439
No. No. 80-1379, 640 F.2d 522/15 ERC 1776/(5th Cir., 02/20/1981)

The Fifth Circuit Court of Appeals reverses a district court and rules that Army Corps of Engineers permits issued pursuant to § 10 of the Rivers and Harbors Act require strict compliance. The district court held that although appellee dredged a channel to a greater depth than specifically allowed by his permit, this did not substantially violate the permit. On appeal the court holds that since appellee violated the specific terms of his dredging permit, the lower court erred. Accordingly, the case is remanded.

Counsel for Appellant
Martin W. Matzen, Anne S. Almy
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2850

Counsel for Appellee
Harrell Z. Browning
Harris, Cook & Browning
P.O. Drawer 1901, Corpus Christi TX 78403
(512) 883-1946

Before CHARLES CLARK, REAVLEY and WILLIAMS, Circuit Judges.