271 

 IN THE 



United States Court of Appeals 



FOR THE FIFTH CIRCUIT 



No. 27555 



ALFRED G. Z ABEL and DAVID H. RUSSELL, 



Plaintiffs-Appellees, 

 versus 



R. P. TABB, COLONEL, CC«PS OF ENGINEERS, 



DISTRICT ENGINEER, DEPARTMENT OF THE ARMY, 



JACKSONVILLE, FLORIDA, DISTRICT; 



STANLEY R. RESOR, SECRETARY OF THE ARMY; 



AND UNITED STATES OF AMERICA, 



Defendant»»AppeIlants. 



Appeal from the United States District Court for the 

 Middle District of Florida 



(July 16, 1970) 



Before BROWN, Chief Judge, TUTTLE and MORGAN, 

 ^ Circuit Judges. 



BROWN, Chief Judge: It is the destiny of the Fifth 

 Circuit to be in the middle of great, oftientiines explo- 

 sive issues of spectacular public importance. So it is 

 here as we enter in depth the contemporary interest 



