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HART AND MILLER, ETC. v. CORPS OF ENGINEERS, ETC.

Civ. No. HM77-973.

505 F.Supp. 732 (1980)

HART AND MILLER ISLANDS AREA ENVIRONMENTAL GROUP, INC. and Honorable Clarence Long, M. C. and Honorable Norman R. Stone and Maryland Wildlife Federation, Inc. and John Henderson and Howard Sappington and George Wohlleben and Robert Scott and Margaret Caldwell and Charles Justice, Plaintiffs, v. The CORPS OF ENGINEERS OF THE UNITED STATES ARMY and Honorable Clifford L. Alexander, Secretary of the Army and Lt. Gen. John W. Morris, Chief of Engineers of the United States Army and Col. G. K. Withers, District Engineer, Baltimore District, U. S. Army, Corps of Engineers, Defendants, State of Maryland Ex Rel. Francis B. Burch, Attorney General and Steamship Trade Association of Baltimore, Inc., Intervening Defendants.

United States District Court, D. Maryland.

December 23, 1980.

Attorney(s) appearing for the Case

Edward B. Rybczynski and Ralph K. Rothwell, Jr., Baltimore, Md., for plaintiffs.

Russell T. Baker, Jr., U. S. Atty., D. Md., and Edward M. Norton, Jr., Asst. U. S. Atty., Baltimore, Md., Nancy Long and Lawrence R. Liebesman, Attys., Dept. of Justice, Washington, D. C., for defendants The Corps of Engineers and the Secretary of the Army.

James K. Robinson and Michael B. Hare, Baltimore, Md., for Baltimore Dist. Corps of Engineers.

William C. Stifler, III, and Warren K. Rich, Baltimore, Md., for intervening defendant Steamship Trade Ass'n of Baltimore, Inc.

Stephen H. Sachs, Atty. Gen. of Md., Paul F. Strain, Scott A. Livingston and Robert B. Harrison, III, Asst. Attys. Gen., Baltimore, Md., for intervening defendant State of Md.

HERBERT F. MURRAY, District Judge.

This lawsuit involves the planned construction of a diked dredged spoil disposal facility at the Hart and Miller Islands in Baltimore County, Maryland. On June 30, 1977, a number of environmental groups and concerned individuals filed suit against the United States Army Corps of Engineers, challenging the Corps' decision to issue a permit to the State of Maryland for the Hart and Miller Islands disposal structure.

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