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U.S. v. SCHMITT

No. CV 89-2126 (ADS).

734 F.Supp. 1035 (1990)

UNITED STATES of America, Plaintiff, v. Adele SCHMITT, John Schmitt and Adam Schmitt, d/b/a Channel Marine Suzucki and Schmitt's Marina, and Carl Midnica, individually and as President of Cave Diggers, Inc. and Adam Schmitt d/b/a Adams Fishing Station, Defendants.

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

April 17, 1990.

Attorney(s) appearing for the Case

Andrew J. Maloney, U.S. Atty., E.D. N.Y., Brooklyn, N.Y. by Kevan Cleary, Asst. U.S. Atty., for plaintiff.

Citak & Citak, New York City by Burton Citak, for defendants John Schmitt, Adam Schmitt d/b/a Channel Marine Suzucki and Schmitt's Marina, and Adam Schmitt d/b/a Adams Fishing Station.

Semon & Mondshein, Woodbury, N.Y. by Lee J. Mondshein, for defendants Carl Midnica and Cave Diggers, Inc.

MEMORANDUM AND ORDER

SPATT, District Judge.

Situated virtually in the shadows of the skyscrapers of New York City, and recognized as one of the few national parks within an urban area, Gateway National Recreational Area ("Gateway"), which includes the Jamaica Bay Wildlife Refuge ("Jamaica Bay"), is a natural and national resource protected by federal law. Created to "preserve and protect for the use and enjoyment of present and future generations an area...

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