SOUTHERN PINES ASSOCIATES, BY GOLDMEIER v. U.S.

No. 89-1790.

912 F.2d 713 (1990)

SOUTHERN PINES ASSOCIATES, a Virginia Limited Partnership, by its General Partners, Mr. Morton GOLDMEIER and Mr. Vincent J. Mastracco, Jr.; Vico Construction, Inc., Plaintiffs-Appellants, v. UNITED STATES of America; William K. Reilly, Administrator, United States Environmental Protection Agency (A-100); Stanley L. Laskowski, Acting Administrator, United States Environmental Protection Agency, Region III; Greene A. Jones, Director, Environmental Services Division, United States Environmental Protection Agency, Region III; John O. Marsh, Jr., Secretary, Department of the Army; Henry J. Hatch, Lieutenant General, Chief, Army Corps of Engineers; James W. Van Loben Sels, Major General, North Atlantic Division Engineer; J.J. Thomas, Colonel, Norfolk District Engineer, U.S. Army Corps of Engineers, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 30, 1990.


Attorney(s) appearing for the Case

Richard Russell Nageotte, argued (James Scott Krein, on brief), Nageotte, McCormack, Krein & Gray, Woodbridge, Va., for plaintiffs-appellants.

Ellen J. Durkee, argued, Land & Natural Resources Div., U.S. Dept. of Justice, Washington, D.C. (Richard B. Stewart, Asst. Atty. General, Thomas H. Pacheco, Craig D. Galli, David C. Shilton, Land & Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., Henry E. Hudson, U.S. Atty., Susan L. Watt, Asst. U.S. Atty., Norfolk, Va., Ellen C. Teplitzky, Asst. Regional Counsel, E.P.A., Philadelphia, Pa., on brief), for defendants-appellees.

Before ERVIN, Chief Judge, RUSSELL, Circuit Judge, and BULLOCK, District Judge for the Middle District of North Carolina, sitting by designation.


ERVIN, Chief Judge:

Southern Pines Associates ("Southern Pines") and VICO Construction Inc. ("VICO") appeal a district court order dismissing their complaint and petition for a temporary restraining order for lack of jurisdiction. For the reasons stated below, we affirm the district court order.

I.

Southern Pines is a Virginia limited partnership which owns 293.41 acres of land located in Chesapeake, Virginia. VICO has a contract with Southern Pines...

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