Belle Company, L.L.C., et al v. U.S. Army Corps of, No. 13-30262 (5th Cir. 2016)

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This opinion or order relates to an opinion or order originally issued on July 30, 2014.

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Case: 13-30262 Document: 00513616167 Page: 1 Date Filed: 07/29/2016 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 13-30262 July 29, 2016 Lyle W. Cayce Clerk BELLE COMPANY, L.L.C.; KENT RECYCLING SERVICES, L.L.C., Plaintiffs - Appellants v. UNITED STATES ARMY CORPS OF ENGINEERS, Defendant - Appellee Appeal from the United States District Court for the Middle District of Louisiana USDC No. 3:12-CV-247 ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before REAVLEY, DAVIS, and HIGGINSON, Circuit Judges. PER CURIAM:* This case returns to us on remand from the Supreme Court, No. 14-493, Kent Recycling Services, LLC v. United States Army Corps of Engineers. The Supreme Court vacated our affirmance of the district court’s dismissal of the claims before it for lack of subject-matter jurisdiction and remanded this case Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * Case: 13-30262 Document: 00513616167 Page: 2 Date Filed: 07/29/2016 No. 13-30262 to us for further proceedings consistent with the Court’s opinion in Army Corps of Engineers v. Hawkes Co., 578 U. S. ___ (2016). Accordingly, we VACATE the district court’s dismissal and REMAND this case to the district court for the Middle District of Louisiana for further proceedings consistent with the opinion of the Supreme Court. 2

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