FD & P ENTERPRISES v. U.S. ARMY CORPS OF ENGINEERS

Civil Action No. 99-3500 (HAA).

239 F.Supp.2d 509 (2003)

FD & P ENTERPRISES, INC., a New Jersey Corporation, Plaintiff, v. UNITED STATES ARMY CORPS OF ENGINEERS., Defendants.

United States District Court, D. New Jersey.

January 15, 2003.


Attorney(s) appearing for the Case

Marc D. Haefner, Agnes Antonian, Kevin J. Coakley, Connell Foley, LLP, Roseland, NJ, for Plaintiff.

John C. Cruden, Scott J. Jordan, Steven E. Rusak, United States Department of Justice, Washington, DC, Robert J. Cleary, Susan Handler-Menahem, United States Attorney's Office, Newark, NJ, James G. Palmer, United States Army Corps of Engineers, New York, NY, for Defendants.


OPINION & ORDER

ACKERMAN, Senior District Judge.

This matter comes before the court on Plaintiffs motion for summary judgment. For the reasons outlined below, Plaintiffs motion is DENIED.

I. Factual and Procedural Background

Plaintiff FD & P Enterprises ("FD & P") is a corporation engaged in providing freight transportation services to the New York-New Jersey metropolitan area. FD & P owns a 100-acre property located...

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