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AMERICAN DREDGING CO. v. DUTCHYSHYN

Civ. A. No. 77-669.

480 F.Supp. 957 (1979)

AMERICAN DREDGING COMPANY v. Harry V. DUTCHYSHYN, District Engineer, Philadelphia District U. S. Army Corps of Engineers.

United States District Court, E. D. Pennsylvania.

February 13, 1979.

Attorney(s) appearing for the Case

Mark D. Alspach, Krusen, Evans & Byrne, Philadelphia, Pa., for plaintiff.

Joan M. Cloonan, U. S. Dept. of Justice, Washington, D. C., for defendant.

OPINION AND ORDER

VanARTSDALEN, District Judge.

Pursuant to Section 10 of the Rivers and Harbors Act of 1899, 33 U.S.C. § 403, the defendant, on behalf of the United States Army, Corps of Engineers, issued a "temporary" permit to plaintiff to operate a rehandling basin for dredged material in an area of the Delaware River designated as "Klondike Ditch." The permit expressly provided that it could be modified, suspended or revoked when such was determined...

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