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POGLIANI v. U.S. ARMY CORPS OF ENGINEERS

Docket Nos. 01-6102, 01-6199.

306 F.3d 1235 (2002)

Walter POGLIANI, Jacqueline Dunn, Stephen Dunn, Robert H. Boyle Dimitri Sevastopoulo, Ian Nitschke, and Stand Together Oppose Power Plant, Plaintiffs-Appellants, v. UNITED STATES ARMY CORPS OF ENGINEERS, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: October 9, 2002.

Attorney(s) appearing for the Case

Kenneth F. McCallion, New York, NY, for Plaintiffs-Appellants.

Elizabeth S. Riker, Assistant United States Attorney (for Joseph A. Pavone, United States Attorney), United States Attorney's Office for the Northern District of New York, Syracuse, NY, for Defendant-Appellee.

Before CALABRESI and B.D. PARKER, Jr., Circuit Judges, and STEIN, District Judge.

PER CURIAM.

Plaintiffs, concerned citizens and property owners in Athens, New York, appeal from the denial of their motion to preliminarily enjoin the issuance of an Army Corps of Engineers ("Corps") permit allowing the use of federal waters and wetlands for construction of an electric generating plant in Athens, near the banks of the Hudson River. The majority of the issues raised on this appeal have been resolved in a summary order filed today separately from this...

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