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SISSELMAN v. SMITH

Nos. 18846-18849.

432 F.2d 750 (1970)

H. Jerome SISSELMAN and Lorraine Sisselman, his wife, and Brancasons, Inc. v. Willard SMITH, as Commandant, United States Coast Guard, and the United States Coast Guard. H. Jerome Sisselman and Lorraine Sisselman, his wife, Appellants in No. 18846, Brancasons, Inc., Appellant in No. 18847. H. Jerome SISSELMAN and Brancasons, Inc. v. NEW JERSEY TURNPIKE AUTHORITY, Franklin Contracting Company, Willard Smith, as Commandant, United States Coast Guard, and the United States Coast Guard. H. Jerome Sisselman, Appellant in No. 18848, Brancasons, Inc., Appellant in No. 18849.

United States Court of Appeals, Third Circuit.

Decided September 22, 1970.

Attorney(s) appearing for the Case

Henry Ramer, Hackensack, N. J. (Walter H. Jones, Hackensack, N. J., on the brief) for appellants.

Henry J. Tyler, Richman, Berry & Ferren, Camden, N. J., Raymond Young, Asst. U. S. Atty., Newark, N. J. (Grover C. Richman, Jr., Camden, N. J., on the brief), for appellees.

Before WINTER, ALDISERT and GIBBONS, Circuit Judges.

OPINION OF THE COURT

WINTER, Circuit Judge:

The appeal in these consolidated actions arises from plaintiffs' attempts to prevent the construction of two bridges with fixed vertical clearances of 35 feet across Berry's Creek Canal near its confluence with the Hackensack River in Bergen County, New Jersey. The two bridges are required as part of the expansion of the New Jersey Turnpike authorized by N.J.S.A. 27:23-23.2. The focus of attack is the validity...

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