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Joseph G. Moretti, Inc. v. Hoffman

Citation: 6 ELR 20223
No. No. 75-1305, 526 F.2d 1311/8 ERC 1669/(5th Cir., 02/17/1976)

In a companion case to United States v. Joseph G. Moretti, Inc., the Court of Appeals affirms the validity of the Army Corps of Engineers' denial of an after-the-fact application for a dredge and fill permit. The district court correctly concluded that the Secretary of the Army was not required to review the denial since ultimate authority for granting dredge and fill permits has been properly delegated to the Chief of the Corps of Engineers. Plaintiff was not deprived of adequate discovery, nor were the administrative proceedings which led to the denial a sham.

Counsel for Plaintiff-Appellant
Kenneth L. Ryskamp
Bolles, Goodwin, Ryskamp & Welcher
401 City National Bank Bldg.
Miami FL 33130
(305) 379-8353

Counsel for Defendants-Appellees
David F. MacIntosh, U.S. Attorney
300 Ainsley Bldg.
Miami FL 33132
(305) 350-4471

Dyer, J. for himself, Bell & Ainsworth, JJ.