MALL PROPERTIES, INC., Plaintiff, Appellee,
v.
John O. MARSH, Jr., etc., et al., Defendants, Appellees,
City of New Haven, Intervenor-Defendant-Appellant.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Submitted January 21, 1988.
Decided March 11, 1988.
Attorney(s) appearing for the Case
Kathleen P. Dewey, Appellate Section, Land and Natural Resources Div., Dept. of Justice, Washington, D.C., for federal defendants, appellees' motion to dismiss.
Alice Richmond, Hemenway & Barnes, Boston, Mass., Daniel Riesel, and Sive, Paget & Riesel, P.C., New York City, on memoranda in support of motion to dismiss for plaintiff, appellee Mall Properties, Inc.
Neil Proto, Kelley, Drye and Warren, Washington, D.C., Frank B. Cochran, Peter B. Cooper, Cooper, Whitney, Cochran & Francois, New Haven, Conn., Edward F. Lawson, and Weston, Patrick, Willard & Redding, Boston, Mass. on memoranda in opposition to motion to dismiss for intervenor-defendant-appellant City of New Haven.
Before COFFIN, BOWNES and BREYER, Circuit Judges.
United States Court of Appeals, First Circuit.
PER CURIAM.
The government has filed a motion to dismiss, joined in by appellee Mall Properties, Inc., contending that a district court order, 672 F.Supp. 561, remanding to the Corps of Engineers for further proceedings is not a final appealable order and hence the present appeal should be dismissed. Appellant City of New Haven opposes the motion to dismiss. We reject the City's argument that the motion to dismiss was untimely...
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