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BERMAN ENTERPRISES, INC. v. JORLING

No. CV 91-2789.

793 F.Supp. 408 (1992)

BERMAN ENTERPRISES, INC., General Marine Transport Corp., Standard Marine Services, Inc., Jane Frank Kresch, as Secretary of Berman Enterprises, Evelyn Berman Frank, as Chief Executive Officer of General Marine Transport and as an officer of the other named corporations, and Peter M. Frank, as President of General Marine Transport, Plaintiffs, v. Thomas C. JORLING, Commissioner of the New York State Department of Environmental Conservation, and Langdon Marsh, Executive Deputy Commissioner of the New York State Department of Environmental Conservation, Defendants.

United States District Court, E.D. New York.

May 19, 1992.

Attorney(s) appearing for the Case

Graham & James, by Christopher R. Carpentieri, New York City, for plaintiffs.

Robert Abrams, Atty. Gen. of State of N.Y., by Stuart Miller, Asst. Atty. Gen., Environmental Protection Bureau, New York City, for defendants.

MEMORANDUM, ORDER AND JUDGMENT

JACK B. WEINSTEIN, District Judge:

By authority of New York's complex of environmental statutes and rules, plaintiffs, regarded by the state as persistent polluters, have been put out of the business of transporting petroleum and petroleum products on New York's waterways. Claiming violation of their federal rights, they seek damages and permission to restart their business. For the reasons indicated below, the case must be...

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