Legal Opinion
Di Vosta Rentals, Inc. v. Emmett C. Lee, Jr., Colonel, Corps of Engineers, Etc.
Court of Appeals for the Fifth Circuit
Decided December 4, 1973No. 73-1893PublishedCited by 17 opinions
1Opinion of the Court
LEWIS R. MORGAN, Circuit Judge:
The question presented to us for review in this case is whether the district court erred in ordering the Secretary of the Army to issue a permit to fill navigable waters to Di Vosta Rentals, Inc. (hereinafter referred to as Di Vosta). To answer the question, we must examine the scope of authority granted to the Secretary by § 10 of the Rivers and Harbors Appropriation Act of 1899, 33 U.S.C. § 403, 1 and the scope of review which the district court should have used to test the validity of the Secretary’s refusal to issue a permit. After receiving stipulated…
2Cases cited13 opinions
- Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
- Association of Data Processing Service Organizations, Inc. v. CampSupreme Court of the United States · 1970
- Camp v. PittsSupreme Court of the United States · 1973
- Cohens v. VirginiaSupreme Court of the United States · 1821
- American Fire & Casualty Co. v. FinnSupreme Court of the United States · 1951
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Florida Rock Industries, Inc., Appellee/cross-Appellant v. The United States, Appellant/cross-AppelleeCourt of Appeals for the Federal Circuit · 1986
- Taylor v. District EngineerCourt of Appeals for the Fifth Circuit · 1978
- United States v. Members of the Estate of BoothbyCourt of Appeals for the First Circuit · 1994
- Joseph G. Moretti, Inc. v. HoffmanCourt of Appeals for the Fifth Circuit · 1976
- Sea-Gate, Inc. v. United StatesUnited States Court of Claims · 1983
12 more not listed; retrieve them via the Exa API.