June Carabell v. United States Army Corps of Engineers

The Honorable William Stafford, United States District Judge for the Northern District*
of Florida, sitting by designation.
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 07a0116n.06
Filed: February 12, 2007
Case No. 03-1700
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
JUNE CARABELL, et al.
Plaintiffs-Appellants,
v.
UNITED STATES ARMY CORPS OF
ENGINEERS, et al.
Defendants-Appellees.
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ORDER REMANDING CASE
TO THE DISTRICT COURT
WITH INSTRUCTIONS TO
REMAND TO THE ARMY
CORPS OF ENGINEERS
BEFORE: BATCHELDER and GIBBONS, Circuit Judges; STAFFORD , District Judge.*
Following the Supreme Court’s decision in the consolidated cases of Rapanos v. United
States, No. 04-1034, and Carabell v. United States Army Corps of Engineers, No. 04-1384, 126 S.
Ct. 2208 (2006), we REMAND this case to the district court with instructions to remand to the Army
Corps of Engineers for further proceedings consistent with the Supreme Court’s decision in
Rapanos.

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