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PRICE v. GRYGIEL

Civ. No. 466.

208 F.Supp. 311 (1962)

Noah E. PRICE et al., Plaintiffs, v. J. S. GRYGIEL, Colonel, Corps of Engineers, District Engineer, United States Army Engineer District, Wilmington, North Carolina, and the North Carolina State Highway Commission, Intervenor, Defendants.

United States District Court E. D. North Carolina, Elizabeth City Division.

August 15, 1962.

Attorney(s) appearing for the Case

McMullan, Aydlett & White, Elizabeth City, N. C., Wallace R. Gray, Manteo, N. C., for plaintiffs.

Robert H. Cowen, U. S. Atty., for defendant J. S. Grygiel.

Thomas Wade Bruton, Atty. Gen. of North Carolina, for intervenor State Highway Commission.

Russell E. Twiford, Elizabeth City, N. C., amicus curiae for Donald Oden et al.

LARKINS, District Judge.

Plaintiffs, on July 19, 1962, instituted this suit as a class action, as citizens and residents of the Village of Avon in Dare County, North Carolina, against the defendant Grygiel, charging him in his official capacity as District Engineer for the Corps of Engineers in the United States Army Engineer District at Wilmington, North Carolina, with arbitrary and capricious conduct, in that he is about to let a contract for the closing of an inlet...

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