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EAZOR EXP., INC. v. UNITED STATES

No. 81 CV 3796 (ERN).

611 F.Supp. 197 (1985)

EAZOR EXPRESS, INC., Plaintiff, v. UNITED STATES of America, John O. Marsh, Jr., Secretary, Dept. of the Army, United States Army Corps of Engineers, Lt. Gen. Joseph K. Bratton, Commander, U.S. Army Corps of Engineers, Defendants.

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

June 17, 1985.

Attorney(s) appearing for the Case

Manion Alder & Cohen by Joseph F. McDonough, Richard R. Nelson II, Pittsburgh, Pa., for plaintiff.

Janis G. Schulmeisters, Atty. in Charge, Torts Branch, Civ. Div., U.S. Dept. of Justice by Marie Louise Hagen, Trial Atty., New York City, for defendants.

MEMORANDUM OF DECISION AND ORDER

NEAHER, District Judge.

Plaintiff Eazor Express, Inc. ("Eazor"), a Pennsylvania corporation engaged in interstate trucking, commenced this maritime tort action for damages against the United States. Invoking the Extension of Admiralty Act ("EAA") and the Suits in Admiralty Act ("SIAA"), 46 U.S.C. §§ 740, 741-752 (1976), Eazor claims that the Army Corps of Engineers ("ACE") had negligently permitted an independent...

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