Carabell v. US Army Corps Engr, No. 03-1700 (6th Cir. 2007)

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NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 07a0116n.06 Filed: February 12, 2007 Case No. 03-1700 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT JUNE CARABELL, et al.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. _______________________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) 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. * The Honorable William Stafford, United States District Judge for the Northern District of Florida, sitting by designation.

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