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SIERRA CLUB v. U.S. ARMY CORPS OF ENGINEERS

No. 81 Civ. 3000.

609 F.Supp. 1052 (1985)

SIERRA CLUB et al., Plaintiffs, v. UNITED STATES ARMY CORPS OF ENGINEERS et al., Defendants.

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

March 29, 1985.

Attorney(s) appearing for the Case

Butzel & Kass, New York City, for plaintiffs; Mitchell S. Bernard, Jean M. McCarroll, New York City, of counsel.

Rudolph W. Giuliani, U.S. Atty., Southern District of New York, New York City, for U.S. Army Corps of Engineers and Federal Highway Admin.; Howard Wilson, Marc H. Rosenbaum, Randy Mastro, New York City, of counsel.

Kaye, Scholer, Fierman, Hays & Handler, New York City, for State of New York, Department of Transportation; Paul J. Curran, Bruce Margolius, New York City, of counsel.

THOMAS P. GRIESA, District Judge.

Defendant New York State Department of Transportation filed a motion on March 11, 1985 under Fed.R.Civ.P. 60(b)(5) for an order declaring the injunctions in this case dissolved. The State takes the position that all conditions of the injunctions have been fully satisfied, and that they are by their own terms now dissolved. The principal injunctions referred to are those of April 14, 1982 and July 23, 1982, which enjoined (with exceptions...

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