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FISCELLA & FISCELLA v. U.S.

Civ. A. No. 89-522-N.

717 F.Supp. 1143 (1989)

FISCELLA & FISCELLA, a Virginia General Partnership, and Virginia Enterprises, Inc., Plaintiffs, v. UNITED STATES of America, et al., Defendants.

United States District Court, E.D. Virginia, Norfolk Division.

August 10, 1989.

Attorney(s) appearing for the Case

Richard R. Nageotte, Nageotte & Borinsky, Woodbridge, Va., for plaintiffs.

Donald A. Carr, Acting Asst. Atty. Gen., Land and Natural Resources Div. and Letitia J. Grishaw, Asst. Chief, Environmental Defense Sec. U.S. Dept. of Justice, Land and Natural Resources Div., Washington, D.C., Henry E. Hudson, U.S. Atty., J. Phillip Krajewski, Asst. U.S. Atty., Norfolk, Va., for defendants.

MEMORANDUM OPINION AND ORDER

CLARKE, District Judge.

This matter comes before the Court on plaintiff Fiscella & Fiscella's Motion for a preliminary injunction. An evidentiary hearing was conducted, the parties have fully briefed the issues, and the matter is therefore ripe for disposition.

This action arises from a cease-and-desist letter issued by the United States Army Corps of Engineers (Corps) (Plaintiff's Ex. 8). Plaintiff Fiscella &...

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