NATIONAL SEA CLAMMERS ASSOCIATION and Gosta Lovgren, Appellants,
v.
CITY OF NEW YORK, Honorable Abraham Beame, United States Environmental Protection Agency, Russell E. Train, Individually and as Administrator of the United States Environmental Protection Agency, United States Army Corps of Engineers, Martin R. Hoffmann, Individually and as Secretary of the United States Department of the Army, New York Department of Environmental Conservation, Ogden R. Reid, Individually and as Commissioner of the New York Department of Environmental Conservation, New Jersey Department of Environmental Protection, David J. Bardin, Individually and as Commissioner of New Jersey Department of Environmental Protection, Bergen County Sewer Authority, the Joint Meeting of Essex and Union Counties, Passaic Valley Sewerage Commissioners, Middlesex County Sewerage Authority, the Linden Roselle Sewerage Authority, Middletown Sewerage Authority, West Long Beach Sewer District, County of Westchester, Dept. of Environmental Fac., City of Long Beach and City of Glen Cove.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued October 16, 1979.
Decided February 5, 1980.
Attorney(s) appearing for the Case
Edward C. German, Dean F. Murtagh, Robert P. Corbin (argued), LaBrum & Doak, Philadelphia, Pa., for appellants.
Robert J. Del Tufo, U. S. Atty., Ralph A. Jacobs, Asst. U. S. Atty. (argued), Newark, N. J., for appellees, United States Environmental Protection Agency, Russell E. Train, United States Army Corps of Engineers and Martin R. Hoffmann.
John G. Gilfillan, III (argued), Carella, Bain, Gilfillan & Rhodes, P. A., Newark, N. J., for appellee, Passaic Valley Sewerage Commissioners.
Raymond G. Tomaszewski, (argued), Linden, N. J. for appellee, The Linden Roselle Sewerage Authority.
George J. Minish (argued), Minish & Williams, West Orange, N. J., for appellee, The Joint Meeting of Essex and Union Counties.
Menelaos W. Toskos (argued), Stephen J. Moses, Hackensack, N. J., for appellee, Bergen County Sewer Authority.
Herbert F. Moore, Thomas P. Weidner (argued), Jamieson, McCardell, Moore, Peskin & Spicer, Trenton, N. J., for appellee, The City of Glen Cove.
Allen G. Schwartz, Corp. Counsel, Stephen P. Kramer, Anthony Z. Scher, (argued), New York City, Philip R. Kaufman, Spotswood, N. J., for appellees, City of New York and Abraham Beame.
David N. Hilgendorff, Corp. Counsel, Paula E. Kennedy, Deputy Corp. Counsel, City of Long Beach, Long Beach, N. Y., for appellee, City of Long Beach.
Marvin J. Brauth, Wilentz, Goldman & Spitzer, Woodbridge, N. J., for appellee, Middlesex County Sewerage Authority.
Before GIBBONS and HIGGINBOTHAM, Circuit Judges, and WEINER, District Judge.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
GIBBONS, Circuit Judge.
This case comes before us on an appeal by plaintiffs National Sea Clammers Association and Gosta Lovgren from a final order dismissing their complaint. Plaintiffs are an association whose members make their living harvesting fish and shellfish from the water and ocean beds of the Atlantic Ocean near New York and New Jersey, and an individual similarly employed. They sue on behalf of themselves and a class comprising...
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