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U.S. v. MALIBU BEACH, INC.

Civ. A. No. 88-4742.

711 F.Supp. 1301 (1989)

UNITED STATES of America, Plaintiff, v. MALIBU BEACH, INC., et al., Defendants.

United States District Court, D. New Jersey.

As Amended June 2, and June 19, 1989.

Attorney(s) appearing for the Case

Samuel A. Alito, Jr., U.S. Atty. by James C. Woods, Asst. U.S. Atty., Newark, N.J., Letitia J. Grishaw and Margaret Kane Harrington, Environmental Defense Section, Land & Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., and John B. Rutherford, U.S.E.P.A., New York City, for plaintiff.

Richard M. Hluchan, Drinker Biddle & Reath, Voorhees, N.J., for defendants.

OPINION

JOSEPH H. RODRIGUEZ, District Judge.

This matter is before the court on an application by the United States for a preliminary injunction. The Government seeks to enjoin defendants from further engaging in fill activities at the Malibu Beach site, located in Atlantic Beach, New Jersey, and to obtain a mandatory injunction requiring defendant to remove fill material that presently exists at the site.

The Government claims jurisdiction over...

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