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SIERRA CLUB v. ALEXANDER

No. 79-CV-770.

484 F.Supp. 455 (1980)

SIERRA CLUB, Plaintiff, v. Clifford ALEXANDER, Individually and as Secretary of the Army of the United States; Lt. General John W. Morris, Individually and as Chief of Engineers, Army Corps of Engineers; Col. Clark H. Benn, Individually and as District Engineer, New York District, Army Corps of Engineers; and Pyramid Company of Utica, Defendants.

United States District Court, N. D. New York.

February 5, 1980.

Attorney(s) appearing for the Case

Plunkett & Jaffe, White Plains, N.Y., for plaintiff; Joel H. Sachs, New York City, of counsel.

George H. Lowe, U.S. Atty., Syracuse, N.Y., for John W. Morris, Clark H. Benn & Clifford Alexander; Gustave J. DiBianco, Jay Hecht, New York City, of counsel.

Finley, Kumble, Wagner, Heine & Underberg, New York City, for defendant Pyramid Company of Utica; Donald Snider, New York City, of counsel.

MEMORANDUM—DECISION AND ORDER

McCURN, District Judge.

This matter was originally before the Court on motion for a temporary restraining order and a preliminary injunction brought by plaintiff to halt construction by defendant Pyramid of a shopping center mall in the Town of New Hartford, New York. Pursuant to Rule 65(a)(2) of the Fed.R.Civ.Pro. the Court ordered the trial of the action on the merits advanced...

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