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EAZOR EXP., INC. v. UNITED STATES

No. 78 C 2313.

483 F.Supp. 138 (1980)

EAZOR EXPRESS, INC., Plaintiff, v. UNITED STATES of America; Clifford L. Alexander, Jr., Secretary, Department of the Army; the United States Army Corps of Engineers; Lt. Gen. John W. Morris, Chief of Engineers, U.S. Army Corps of Engineers, and Weeks Dredging and Contracting Co., Inc., Defendants.

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

January 15, 1980.

Attorney(s) appearing for the Case

Abourezk, Shack & Mendenhall, P. C. by Thomas G. Shack, Jr., Washington, D. C., and Abberley, Kooiman, Marcellino & Clay by John P. Keegan, New York City, for plaintiff.

Edward R. Korman, U. S. Atty., Eastern District of New York, Brooklyn, N. Y., Gilbert S. Fleischer, Attorney in Charge Torts Branch, Civil Division U. S. Dept. of Justice by Craig S. English, New York City, for Federal defendants.

Lester, Schwab, Katz & Dwyer by Saul Wilensky, and Lawrence M. Honig, New York City, for defendant Weeks.

MEMORANDUM AND ORDER

NEAHER, District Judge.

Defendants in this damage action arising out of the dredging of a waterway adjacent to plaintiff's property move to dismiss the complaint as barred by the applicable statute of limitations and laches. For the reasons set forth below, the motions are granted and the complaint is dismissed.

Plaintiff Eazor Express, Inc. ("Eazor") is the owner of a trucking terminal in Brooklyn, New York, which is adjacent...

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