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BRITT v. UNITED STATES ARMY CORPS OF ENGINEERS

No. CIV-84-1152T.

606 F.Supp. 536 (1985)

Doris J. BRITT; Robert F. and Marjorie L. Gascon; Carl E. and Thelma V. Schenk; Ryal and Alice DeVost; Gilbert Knapp; Nan Moody; Medicab of Rochester, Inc.; Vic & Irv's Refreshment, Inc.; and Alberta Enterprises, Inc., d/b/a Bill Gray's Family Restaurant, Plaintiffs, v. UNITED STATES ARMY CORPS OF ENGINEERS; John O. Marsh, Secretary of the Army; Lt. Gen. E.R. Heiberg, III; Chief of Engineers; United States Army Corps of Engineers; and United States of America, Defendants.

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

April 12, 1985.

Attorney(s) appearing for the Case

Robert C. Napier, Rochester, N.Y., for plaintiffs.

Salvatore R. Martoche, U.S. Atty., Rochester, N.Y. (Jonathan W. Feldman, U.S. Atty., Rochester, N.Y., of counsel), for defendants.

DECISION and ORDER

TELESCA, District Judge.

INTRODUCTION

Plaintiffs in this case have challenged on various grounds the United States Army Corps of Engineers project to open Irondequoit Bay by the construction of jetties into Lake Ontario, the enlargement of the channel from the Bay into the Lake, and the (at least temporary) removal of the bridge which presently spans the channel. Pending before me is plaintiffs' motion for a preliminary injunction...

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