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U.S. v. BOCCANFUSO

No. 902, Docket 88-6256.

882 F.2d 666 (1989)

UNITED STATES of America, Appellant, v. Joseph A. BOCCANFUSO, Appellee.

United States Court of Appeals, Second Circuit.

Decided August 9, 1989.

Attorney(s) appearing for the Case

Michael P. Healy, Dept. of Justice (Jacques B. Gelin, Scott A. Schachter, Dept. of Justice, Donald A. Carr, Acting Asst. Atty. Gen., Land & Natural Resources Div., Washington, D.C., Stanley A. Twardy, Jr., U.S. Atty., D.Conn., New Haven, Conn., Jeremiah Donovan, Asst. U.S. Atty., Old Saybrook, Conn., of counsel), for appellant.

Richard A. Fuchs, Koskoff, Koskoff & Bieder, P.C., Bridgeport, Conn. (Michael P. Koskoff, Vincent M. Musto, Bridgeport, Conn., of counsel), for appellee.

Before OAKES, Chief Judge, and TIMBERS and MESKILL, Circuit Judges.

OAKES, Chief Judge:

This appeal involves the question whether the Government is estopped from asserting a claim against a landowner for a violation of the Clean Water Act, 33 U.S.C. §§ 1251 et seq. (1982 & Supp. V 1987) ("the Act"). The landowner, Joseph Boccanfuso, placed fill and constructed a seawall in waters of the United States without a section 404 permit, see id. § 1344, from the Army Corps of Engineers ("the Corps"). See id.<...

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