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NOFELCO REALTY CORP. v. UNITED STATES

No. 81 Civ. 0052 (GLG).

521 F.Supp. 458 (1981)

NOFELCO REALTY CORP., Plaintiff, v. UNITED STATES of America: Clifford L. Alexander, Jr., Secretary, Department of the Army; Lt. General John W. Morris, Chief of Engineers, Army Corps of Engineers; Army Corps of Engineers: Col. W. M. Smith, Jr., District Engineer, New York District, Army Corps of Engineers; Maj. Gen. J. Johnson, North Atlantic Division Engineer, Defendants.

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

September 11, 1981.

Attorney(s) appearing for the Case

Denham & Vaneria, New York City, for plaintiff; Robert E. Denham, of counsel.

John S. Martin, Jr., U. S. Atty. for the S. D. New York, New York City, for defendants; Richard N. Papper, Asst. U. S. Atty., New York City, of counsel.

MEMORANDUM DECISION

GOETTEL, District Judge.

This action was brought by the plaintiff, Nofelco Realty Corp. ("Nofelco"), seeking judicial review of the action of the Secretary of the Army, through the Army Corps of Engineers ("Corps"), in denying the plaintiff's application for a permit to construct a bulkhead along the shoreline of its property. The action initially came before this Court on a motion for a preliminary injunction — a rather unusual...

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