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GREAT LAKES DREDGE & DOCK CO. v. LUDWIG

No. Civ-78-185.

486 F.Supp. 1305 (1980)

GREAT LAKES DREDGE & DOCK COMPANY and Southern Shipbuilding Corporation, Plaintiffs, v. Colonel Daniel D. LUDWIG, District Engineer, Buffalo District, United States Corps of Engineers; Roger J. Au & Son, Inc.; Robert E. Chasen, Commissioner of Customs of the United States of America, Defendants.

United States District Court, W. D. New York.

March 26, 1980.

Attorney(s) appearing for the Case

Norton & Christensen, Goshen, N.Y., (Stanley J. Norton, Goshen, N.Y., of counsel), for plaintiffs.

Richard J. Arcara, U. S. Atty., Buffalo, N.Y., (Carol C. White, Asst. U. S. Atty., and Thomas R. Abretske, Dist. Counsel, Dept. of the Army Corps of Engineers, Buffalo, N.Y., of counsel), for defendant Ludwig.

Haight, Gardner, Poor & Havens, New York City, (Thomas F. Molanphy, and Richard K. Matanle, II, New York City, of counsel), for defendant Au.

Richard J. Arcara, U. S. Atty., Buffalo, N.Y., (Carol C. White, Asst. U. S. Atty., Buffalo, N.Y., and Arthur Rettinger, Chief Counsel, U. S. Customs Service, Washington, D.C., of counsel), for defendant Chasen.

CURTIN, Chief Judge.

"The lowest and most dejected thing of fortune, stands still in Esperance, . ."1

This case involves a challenge to a federal contract award for dredging channels in the Cuyahoga and Old Rivers in Cleveland, Ohio by use of the dredge, the Esperance III. A preliminary injunction which would have prevented defendants from performing the contract was denied by this court on May 10, 1978. The contract work has since...

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