TOWN OF HUNTINGTON v. MARSH

No. 1196, Docket 89-6039.

884 F.2d 648 (1989)

The TOWN OF HUNTINGTON, the County of Suffolk, the County of Nassau, the Town of North Hempstead, the Town of Oyster Bay, and Robert J. Mrazek, Plaintiffs-Appellees, v. John O. MARSH, Jr., Secretary of the U.S. Army, Lt. General Joseph K. Brattan, Chief of the Corps of Engineers, Colonel C.E. Edgar III, District Engineer, Army Corps of Engineers, New England Division, and Department of the Army Corps of Engineers of the United States of America, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided August 14, 1989.


Attorney(s) appearing for the Case

Robin L. Greenwald, Asst. U.S. Atty., E.D., Brooklyn, N.Y. (Andrew J. Maloney, U.S. Atty., E.D.N.Y., Robert L. Begleiter, Asst. U.S. Atty., E.D.N.Y., Brooklyn, N.Y., of counsel), for defendants-appellants.

Joseph D. Pizzurro, New York City (Arlene Lindsay, Town Atty., Town of Huntington, Huntington, N.Y., Daniel Martin, John P. Campbell, Peter K. Vigeland, Peter Sullivan, Curtis, Mallet-Prevost, Colt & Mosle, New York City, of counsel), for plaintiffs-appellees.

Eric Lukingbeal, Hartford, Conn. (Dwight H. Merriam, Duncan Ross Mackay, Robinson & Cole, Hartford, Conn., of counsel), for amici curiae The Connecticut Marine Trades Ass'n and The New York Marine Trades Ass'n.

Before MESKILL, PIERCE and MAHONEY, Circuit Judges.


MAHONEY, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Eastern District of New York, Jacob Mishler, Judge, enjoining defendants-appellants, John O. Marsh, Jr., Secretary of the U.S. Army, Lt. General Joseph K. Bratton, Chief of the Corps of Engineers, Colonel C.E. Edgar, III, District Engineer, Army Corps of Engineers, New England Division, and the Department of Army Corps of Engineers of the United States of America...

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