Fed. Circ. Won’t Rehear Suit Over Corps’ Ark. Floods

Law360, New York (August 11, 2011, 5:05 PM EDT) -- The Federal Circuit refused Thursday to rehear en banc its ruling vacating a $5.8 million award Arkansas' gaming commission won from the U.S. Army Corps of Engineers over the temporary flooding of a forest preserve, though several judges bashed the decision.

The appeals court turned down the Arkansas Game and Fish Commission's bid for a panel rehearing and rehearing en banc. A three-judge panel ruled 2-1 in March that the flooding, which caused extensive damage to trees in the Dave Donaldson Black River Wildlife Management Area,...
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