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STATE OF DELAWARE v. BENDER

Civ. A. No. 4767.

370 F.Supp. 1193 (1974)

The STATE OF DELAWARE, on her behalf and on behalf of her residents, Plaintiff, v. Admiral Chester R. BENDER, Commandant, United States Coast Guard, Individually and in his official capacity, and Rear Admiral Ross P. Bullard, Commander, Fifth Coast Guard District, United States Coast Guard, Individually and in his official capacity, Defendants.

United States District Court, D. Delaware.

January 28, 1974.

Attorney(s) appearing for the Case

Jerome O. Herlihy, Chief Deputy Atty. Gen., Wilmington, Del., for plaintiff.

Ralph F. Keil, U. S. Atty., and Bruce L. Thall, Asst. U. S. Atty., Wilmington, Del., for defendants.

OPINION

EDWIN D. STEEL, Jr., Senior District Judge:

The plaintiff, the State of Delaware, has brought an action on its own behalf and on behalf of its citizens against the defendants, Admiral Chester R. Bender, Commandant, U. S. Coast Guard, and Rear Admiral Ross P. Bullard, Commander, Fifth Coast Guard District, individually and in their official capacities. The complaint alleges the invalidity of a permit dated October 20, 1970, as amended July 9, 1973...

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