STATE OF DELAWARE, New Castle County, Delaware, Council of Civic Organizations of Brandywine Hundred, Inc., Thomas S. Webster, Jr., individually and on behalf of himself and all others similarly situated, Plaintiffs,
v.
PENNSYLVANIA NEW YORK CENTRAL TRANSPORTATION COMPANY, a corporation of the Commonwealth of Pennsylvania; Stanley S. Resor, individually and as Secretary of the Army of the United States; and Frederick J. Clarke, individually and as Chief of Engineers, Corps of Engineers of the United States Army, Defendants.
United States District Court, D. Delaware.https://leagle.com/images/logo.png
February 24, 1971.
February 24, 1971.
Attorney(s) appearing for the Case
David P. Buckson, Atty. Gen. of Del., Dover, William Prickett and Rodman Ward, Jr., Sp. Deputy Attys. Gen., for plaintiff State of Del.; Ruth M. Ferrell, State Sol., Wilmington, of counsel.
Robert V. Huber, Wilmington, Del., for plaintiffs The Council of Civic Organizations of Brandywine Hundred, Inc. and Thomas S. Webster and all those similarly situated.
Clarence W. Taylor, Wilmington, Del., Atty. for New Castle County, for plaintiff New Castle County.
F. L. Peter Stone, U. S. Atty., Norman Levine, Asst. U. S. Atty., Wilmington, Del., and Thomas L. McKevitt, Dept. of Justice, Washington, D. C., for defendants Stanley S. Resor, Secretary of the Army and Frederick J. Clarke, Chief of Engineers, Corps of Engineers of the U. S. Army.
Blaine T. Phillips, Michael D. Goldman and James F. Burnett, of Potter, Anderson & Corroon, Wilmington, Del., for defendant Pennsylvania New York Central Transp. Co.
United States District Court, D. Delaware.
OPINION
CALEB M. WRIGHT, Chief Judge.
This opinion will mark the reported beginning of the federal chapter of the continuing legal dispute between the State of Delaware and the Pennsylvania New York Central Transportation Company ("Penn Central")1 concerning Penn Central's dike and fill operation on a certain portion of the Delaware River.2 The case is presently before the Court for decision on the...
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