Story v. Marsh
Court of Appeals for the Eighth Circuit
1Opinion of the Court
HENLEY, Senior Circuit Judge.
The United States and the Secretary of the Army, et al., appeal from an order of the district court, 574 F.Supp. 505, permanently enjoining the Secretary of the Army and his subordinates in the United States Army Corps of Engineers from artificially crevassing the frontline levee of the Birds Point — New Madrid Floodway (hereinafter “the Floodway”) during high flood stages on the Mississippi River. The government also appeals from the orders of the district court denying the United States possession of certain lands described in declarations of taking filed in…
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