051289P.pdf   03/17/2006  Ripplin Shoals Land  v.  Corps of Engineers
   U.S. Court of Appeals Case No:  05-1289
   Eastern District of Arkansas   
   [PUBLISHED] [Smith, Author, with Bye and Beam, Circuit Judges]
   Civil case - environmental law. The claims in this action were not
   barred by the doctrine of res judicata, as the district court did not have
   authority in the prior suit to issue an advisory opinion on any separate
   future application concerning the span bridge in question; further, the
   decision in the prior suit was not a final decision on the merits of
   plaintiff's span bridge application; nor was the action collaterally
   estopped because the issues in the two suits were not the same and
   plaintiff had not had a full and fair opportunity to be heard in the first
   suit; as the case was not barred by either the doctrine of res judicata or the
   doctrine of collateral estoppel, the district court erred in dismissing the
   suit. Judge Bye, dissenting.