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UNITED STATES v. KANE

No. 1089, Docket 79-6050.

602 F.2d 490 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Emma M. KANE, Defendant-Appellant, Town of North Hempstead, Defendant. Emma M. KANE, Defendant-Appellant, v. Clifford L. ALEXANDER, Jr., Secretary of the Army, Defendant on Counter-Claim-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 12, 1979.

Attorney(s) appearing for the Case

Charles T. Matthews, Huntington, N. Y., Corwin & Matthews, Huntington, N. Y., for defendant-appellant.

Herbert G. Johnson, Asst. U. S. Atty., Brooklyn, N. Y. (Edward R. Korman, U. S. Atty., Eastern District of New York, Brooklyn, N. Y., Harvey M. Stone, Asst. U. S. Atty., Brooklyn, N. Y., of counsel), for plaintiff-appellee and defendant on counter-claim-appellee.

Before FRIENDLY, FEINBERG, Circuit Judges, and NEAHER, District Judge.

NEAHER, District Judge:

The United States, on behalf of the Secretary of the Army, commenced this action to enforce by injunction certain administrative directives of the Army Corps of Engineers (ACE) issued to defendant-appellant, Emma M. Kane, as lessee of a plot of land extending under the navigable waters of Manhasset Bay, Long Island. 33 U.S.C. §§ 403, 406. The United States and appellant filed cross-motions for summary judgment and the district court...

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