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BRITT v. UNITED STATES ARMY CORPS OF ENGINEERS

No. 1433, Docket 85-6125.

769 F.2d 84 (1985)

Doris J. BRITT, Robert F. and Marjorie L. Gascon, Carl E. and Thelma V. Schenk, Ryal and Alice DeVoist, Gilbert Knapp, Nan Moody, Medicab of Rochester, Inc., Vic & Irv's Refreshment, Inc., and Alberta Enterprises, Inc., d/b/a Bill Gray's Family Restaurant, Plaintiffs-Appellees, v. UNITED STATES ARMY CORPS OF ENGINEERS, Jon O. Marsh, Secretary of the Army, Lt. Gen. E.R. Heiberg III, Chief of Engineers, United States Army Corps of Engineers, and United States of America, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 30, 1985.

Attorney(s) appearing for the Case

Robert C. Napier, Rochester, N.Y. (David J. Seeger, Buffalo, N.Y., on the brief), for plaintiffs-appellees.

Albert M. Ferlo, Jr., Dept. of Justice, Washington, D.C. (F. Henry Habicht II, Asst. Atty. Gen., Washington, D.C., Salvatore R. Martoche, U.S. Atty., W.D.N.Y., Jonathan W. Feldman, Asst. U.S. Atty., Rochester, N.Y., Robert L. Klarquist, Dept. of Justice, Washington, D.C., on brief), for defendants-appellants.

Sutter, Summers & Lydon, Webster, N.Y., filed a brief on behalf of amicus curiae Town of Webster.

Before KEARSE and CARDAMONE, Circuit Judges, and WYATT, District Judge.

KEARSE, Circuit Judge:

This expedited appeal is taken by defendants United States Army Corps of Engineers, et al. (collectively the "Corps"), from an order of the United States District Court for the Western District of New York, Michael A. Telesca, Judge, preliminarily enjoining the Corps from removing the bridge on New York Route 18 spanning the outlet channel from Irondequoit Bay (the "Bay") to Lake Ontario and linking the Town of Webster, New York...

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