Canal Authority of Florida v. Callaway

No. 74-2731 (5th Cir. May 2, 1975)

The court summarily affirms a judgment denying an injunction against lowering the level of the Rodman Pool, a part of the ill-fated Cross-Florida Barge Canal, but remands the case to the trial court for the continued exercise of its equitable discretion. For earlier related opinions of the district court and court of appeals, see 4 ELR 20259 and 4 ELR 20164, respectively.

Counsel are listed at 4 ELR 20164.

Tuttle, Godbold and Morgan, JJ.

[5 ELR 20677]

Per curiam:

The judgment is affirmed.

More than a year has passed since final judgment was entered in this case, and in light of statements during oral argument by counsel for the several contesting parties in this protracted litigation that circumstances with respect to the operation of the "Rodman Pool" have changed, we areof the view that although the judgment denying an injunction against lowering the level of the pool should be affirmed, the case should be remanded to the trial court for the continued exercise of its equitable jurisdiction over the matter in question.

Affirmed and remanded.