U.S. v. BAYSHORE ASSOCIATES, INC.

Nos. 89-1454, 89-2112.

934 F.2d 1391 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. BAYSHORE ASSOCIATES, INC., a Michigan corporation, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided May 30, 1991.


Attorney(s) appearing for the Case

Geneva S. Halliday, Asst. U.S. Atty., Jennifer J. Peregord, Office of the U.S. Atty., Detroit, Mich., for plaintiff-appellee.

David J. Haywood, Miller, Johnson, Snell & Cumminskey, Grand Rapids, Mich., Michael E. Tindall, Judith R. Weinstein, St. Clair Shores, Mich., for defendant-appellant.

Before GUY and NORRIS, Circuit Judges; and WELLFORD, Senior Circuit Judge.


RALPH B. GUY, Jr., Circuit Judge.

Plaintiff, the United States Army Corps of Engineers (the government), sought to enjoin defendant, Bayshore Associates, Inc. (Bayshore), from dredging and dumping dredge spoils. The action was brought pursuant to the Clean Water Act of 1977, 33 U.S.C. § 1251 et seq., and the Rivers and Harbors Act of 1899, 33 U.S.C. § 401 et seq. The district court granted plaintiff's motion for a temporary restraining order...

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