HARMON COVE CONDOMINIUM ASS'N, INC. v. MARSH

No. 86-5547.

815 F.2d 949 (1987)

HARMON COVE CONDOMINIUM ASSOCIATION, INC., Appellant, v. John O. MARSH, Secretary of the Army, Hartz Mountain Industries, Inc., and Hartz Mountain Associates, Appellees.

United States Court of Appeals, Third Circuit.

Decided April 9, 1987.


Attorney(s) appearing for the Case

F. Henry Habicht, Asst. Atty. Gen., Stephen L. Samuels, David P. Shilton, Sarah P. Robinson, Attorneys Land and Natural Resources Div., Dept. of Justice, Washington, D.C., Thomas W. Greelish, U.S. Atty., Vincent E. Gentile, Asst. U.S. Atty., Newark, N.J., for appellee Marsh; Russell Petit, U.S. Army Corps of Engineers, Washington, D.C., of counsel.

Reginald F. Hopkinson, Patrick X. Amoresano, Jeffer, Hartman, Hopkinson, Vogel, Coomber and Peiffer, Hawthorne, N.J., for appellees Hartz Mountain Industries, Inc., and Hartz Mountain Associates.

Terrence Dwyer, Brian N. Lokker, Williams, Caliri, Miller & Otley, P.C., Wayne, N.J., for appellant.

Before SEITZ, SLOVITER and ALDISERT, Circuit Judges.


Submitted Under Third Circuit Rule 12(6) March 6, 1987.

OPINION OF THE COURT

SEITZ, Circuit Judge.

Appellant Harmon Cove I Condominium Association, Inc. (the Association) appeals from the final order of the district court dismissing its action against John O. Marsh, Secretary of the Army (the Secretary), Hartz Mountain Industries, Inc. (HMI), and Hartz Mountain Associates (HMA). We have jurisdiction under 28 U.S.C. § 1291 (1982).

I...

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