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GEROSA INC. v. DOLE

No. 83 Civ. 1077 (MP).

576 F.Supp. 344 (1983)

GEROSA INCORPORATED and Gerosa Crane Service Co., Inc., Plaintiffs, v. Elizabeth DOLE, as Secretary of the United States Department of Transportation, James S. Gracey, as Commandant of the United States Coast Guard, Wayne E. Caldwell, as Commander of the Third Coast Guard District, John K. Mladinov, as Acting Commissioner of the New York State Department of Transportation, Henry G. Williams, as Commissioner of the New York State Department of Environmental Conservation, and Edward I. Koch, as Mayor of the City of New York, Defendants.

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

December 5, 1983.

Attorney(s) appearing for the Case

Kaming & Kaming by Joseph Kaming, New York City, for plaintiffs.

Rudolph W. Giuliani, U.S. Atty., S.D.N.Y. by Gerald T. Ford, Lt. William M. Duncan, New York City, for federal defendants.

Robert Abrams, Atty. Gen., State of N.Y. by John G. Proudfit, C. Michael Bryce, Asst. Attys. Gen., New York City, for state defendants.

Frederick A. O. Schwarz, Jr., Corp. Counsel, City of N.Y. by Susan R. Rosenberg, Caryn M. Hirshleifer, New York City, for defendant Koch.

OPINION

MILTON POLLACK, Senior District Judge.

Plaintiffs Gerosa Incorporated and Gerosa Crane Service Co., Inc. (hereinafter "Gerosa") brought this action for declaratory and injunctive relief to set aside and vacate permits and certifications issued by certain of the defendants in connection with the South Bronx-Oak Point Link Project ("the South Bronx project"). This project calls for construction of a single-track trestle

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