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AJA ASSOCIATES v. ARMY CORPS OF ENGINEERS

No. 86-1377.

817 F.2d 1070 (1987)

AJA ASSOCIATES, Appellee, v. ARMY CORPS OF ENGINEERS and Charles T. Myers, III, Appellants.

United States Court of Appeals, Third Circuit.

Decided May 5, 1987.

Attorney(s) appearing for the Case

F. Henry Habicht II, Asst. Atty. Gen., Edward S.G. Dennis, Jr., U.S. Atty., Cynthia J. Giles, Asst. U.S. Atty., Philadelphia, Pa., David C. Shilton, Bonnie A. Sullivan, Jacques B. Gelin (argued), Attys., Dept. of Justice, Charles A. Openchowski, Office of the Chief Counsel, U.S. Army Corps of Engineers, Washington, D.C. for federal appellants.

Albert A. Ciardi, Jr., Keith N. Leonard (argued), Ciardi, Fishbone & DiDonato, Philadelphia, Pa., for appellee.

Before HIGGINBOTHAM and STAPLETON, Circuit Judges, and RODRIGUEZ, District Judge.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

The Army Corps of Engineers ("the Corps") appeals from the district court's remand order concerning an application for a dredge-and-fill permit by AJA Associates ("AJA"). Because the applicant has already been given the meaningful opportunity to be heard that due process requires, we conclude that the district court erred in remanding to the Corps for "an informal...

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