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AMERICAN DREDGING CO. v. SELLECK

No. 76-1849.

556 F.2d 180 (1977)

AMERICAN DREDGING COMPANY, a Pennsylvania Corporation authorized to do business in New Jersey, Appellant, and Township of Logan, a municipal corporation of the State of New Jersey v. Colonel C. A. SELLECK, Jr., District Engineer, U.S. Army Corps of Engineers, et al., Appellees.

United States Court of Appeals, Third Circuit.

Decided April 25, 1977.

Attorney(s) appearing for the Case

Grover C. Richman, Jr., Richman, Berry, Ferren & Tyler, Haddonfield, N. J., for appellant, American Dredging Co.

Jonathan L. Goldstein, U. S. Atty., Carl R. Woodward, III, Asst. U. S. Atty., Chief, Environmental Protection Division, Newark, N. J., for appellees.

Before GIBBONS and ROSENN, Circuit Judges, and HANNUM, District Judge.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

American Dredging Company, the owner of a 2500 acre tract of land in Logan Township, Gloucester County, New Jersey, appeals from the dismissal of its complaint seeking injunctive and declaratory relief which would prevent federal officers charged with the enforcement of the Rivers and Harbors Appropriations Act of 1899, 33 U.S.C. § 401 et seq., and other federal statutes, from enforcing two cease and...

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