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HART AND MILLER, ETC. v. CORPS OF ENGINEERS OF U. S.

Civ. No. HM77-973.

459 F.Supp. 279 (1978)

HART AND MILLER ISLANDS AREA ENVIRONMENTAL GROUP, INC., and Honorable Clarence Long, M.C. and Honorable Norman R. Stone and Maryland Wildlife Federation, Inc. and John Henderson and Howard Sappington and George Wohlleben and Robert Scott and Margaret Caldwell and Charles Justice v. The CORPS OF ENGINEERS OF the UNITED STATES and Honorable Clifford L. Alexander, Secretary of the Army and Lt. Gen. John W. Morris, Chief of Engineers of the United States Army and Col. G. K. Withers, District Engineer, Baltimore District, U. S. Army Corps of Engineers, State of Maryland, ex rel. Francis B. Burch, Attorney General of Maryland.

United States District Court, D. Maryland.

October 20, 1978.

Attorney(s) appearing for the Case

Edward B. Rybczynski and Ralph K. Rothwell, Jr., Baltimore, Md., for plaintiff.

Russell T. Baker, Jr., U. S. Atty., D. of Md., and Edward M. Norton, Jr., Asst. U. S. Atty., Baltimore, Md., John E. Varnum, Atty., Dept. of Justice, Washington, D. C., for defendants, The Corps of Engineers and The Secretary of the Army.

Michael B. Hare, Baltimore, Md., for defendant The Baltimore Dist. of the Corps of Engineers.

A. Adgate Duer, Baltimore, Md., for defendant Steamship Trade Ass'n of Baltimore, Inc.

Francis B. Burch, Atty. Gen., State of Md., Baltimore, Md., Warren K. Rich, Asst. Atty. Gen., Dept. of Natural Resources of State of Md., Annapolis, Md., Robert B. Harrison, III, Asst. Atty. Gen., Maryland Port Administration, Baltimore, Md., for State of Md.

MEMORANDUM AND ORDER

HERBERT F. MURRAY, District Judge.

On June 30, 1977, a number of environmental groups and interested individuals filed suit against the Corps of Engineers (hereinafter the Corps), seeking in an eleven count complaint relief from the issuance of a permit by the Corps to the State of Maryland for the construction of a dike and disposal area in the Chesapeake Bay. On October 10, 1977, this court granted the motions of the State of Maryland...

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