Legal Opinion
Summersgill Dardar v. Lafourche Realty Co., Inc., Col. Eugene S. Witherspoon
Court of Appeals for the Fifth Circuit
Decided July 18, 1988No. 87-3629PublishedCited by 46 opinions
1Opinion of the Court
GOLDBERG, Circuit Judge:
Plaintiff-Appellants, small boat fishermen of the Louisiana bayou country (the “Fishermen”), brought suit under The Administrative Procedures Act, 5 U.S.C. § 701 et seq., to challenge permits, granted by the Army Corps of Engineers (the “Corps”), allowing Lafourche Realty Co. (“Lafourche Realty”) to erect barriers on its own property, which effectively barred Appellants from their traditional fishing grounds. In the district court, the Fishermen demonstrated that the Corps had failed to consider possible public rights of access when it decided to grant the permits. The…
2Cases cited30 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
- White v. New Hampshire Department of Employment SecuritySupreme Court of the United States · 1982
- Sprague v. Ticonic National BankSupreme Court of the United States · 1939
- Larry Nadeau v. Raymond A. Helgemoe, Warden, New Hampshire State PrisonCourt of Appeals for the First Circuit · 1978
25 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Securities & Exchange Commission v. Forex Asset Management LLCCourt of Appeals for the Fifth Circuit · 2001
- Thornton v. General Motors Corp.Court of Appeals for the Fifth Circuit · 1998
- David Askanase, Trustee v. Livingwell, Inc., Gerald M.H. Stein and Joseph J. Zilber, Movants-AppellantsCourt of Appeals for the Fifth Circuit · 1993
- Ingram Towing Co. v. Adnac Inc.Court of Appeals for the Fifth Circuit · 1995
- Forest Henry Shipes, on Behalf of Himself and Others Similarly Situated, Cross-Appellants v. Trinity Industries, Inc., Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1989
41 more not listed; retrieve them via the Exa API.