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NATURAL RESOURCES DEFENSE COUNCIL, INC. v. MARSH

No. 81 CV 1942 (ERN).

568 F.Supp. 1387 (1983)

NATURAL RESOURCES DEFENSE COUNCIL, INC., The Parks Council, Inc., Hudson River Sloop Clearwater, Inc., Terence H. Benbow, Eleanor Todd, Ross Sandler, Paul Reitman, Wilberforce D. Simmons, Virdell M. Sanders, Antoinette C. Jackson, and Gloria Verdell, Plaintiffs, v. John O. MARSH, Jr., as Secretary of the Army, Department of the Army, John Lehman, as Secretary of the Navy, William J. Ryan, as Director of the Navy Resale and Support Office, Department of the Navy, and James G. Watt, as Secretary of the Interior, Defendants.

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

July 21, 1983.

Attorney(s) appearing for the Case

Ross Sandler, James Thornton, Natural Resources Defense Council, Inc., Daniel Riesel, Mark A. Chertok, Winer, Neuburger & Sive, Marshall Beil, Karpatkin, Pollet & Beil, New York City, for plaintiffs.

Raymond J. Dearie, U.S. Atty., E.D.N.Y., Brooklyn, N.Y. by Patrick B. Northup, Asst. U.S. Atty., Brooklyn, N.Y., Edward J. Passarelli, Trial Atty., Dept. of the Navy, Lt. Col. S. Eisenberg, U.S. Army JAG, Brian Koula, Atty. Advisor, Dept. of the Interior, Washington, D.C., for defendants.

MEMORANDUM AND ORDER

NEAHER, District Judge.

Invoking primarily the Gateway National Recreation Area Act, 16 U.S.C. § 460cc et seq. ("Gateway Act"), plaintiffs brought this action against the Secretaries of the Army, Navy and Interior, and the Director of the Navy Resale and Support Office ("NAVRESSO"), seeking to enjoin NAVRESSO's occupancy of federal buildings located in the Fort Wadsworth military reservation on Staten Island and to compel...

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