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ENVIRONMENTAL DEFENSE FUND, INC. v. JOHNSON

No. 781, Docket 79-6206.

629 F.2d 239 (1980)

ENVIRONMENTAL DEFENSE FUND, INC., Scenic Hudson Preservation Conference, Hudson River Sloop Clearwater, Inc., Federated Conservationists of Westchester County, Inc., and Rockland County Conservation Assoc., Inc., Plaintiffs-Appellants, v. James A. JOHNSON, Division Engineer, North Atlantic Division, U. S. Army Corps of Engineers, John W. Morris, Chief of Engineers, Clifford A. Alexander, Secretary of the Army, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 13, 1980.

Attorney(s) appearing for the Case

A. Stephen Hut, Jr., Washington, D. C. (Wilmer & Pickering, Washington, D. C., Daniel K. Mayers, Washington, D. C., and Jonathan Becker, James T. B. Tripp, New York City, Environmental Defense Fund, Butzel & Kass, New York City, of counsel), for plaintiffs-appellants.

Jane E. Bloom, New York City (Robert F. Fiske, Jr., U. S. Atty. for the Southern District of New York, Peter C. Salerno, Asst. U. S. Atty., of counsel), for defendants-appellees.

Before MULLIGAN and OAKES, Circuit Judges, and POLLACK, District Judge.

MULLIGAN, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Southern District of New York, Hon. Lee P. Gagliardi, Judge, which denied plaintiffs' motion for a preliminary injunction and granted defendants' motion to dismiss the complaint. In a decision reported at 476 F.Supp. 126, the court below concluded that the suit was not ripe for judicial...

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