Legal Opinion

Mall Properties, Inc. v. John O. Marsh, Jr., Etc., City of New Haven, Intervenor-Defendant-Appellant

Court of Appeals for the First Circuit

Decided March 11, 1988No. 87-1827PublishedCited by 21 opinions

1Per curiam

The government has filed a motion to dismiss, joined in by appellee Mall Properties, Inc., contending that a district court order, 672 F.Supp. 561, remanding to the Corps of Engineers for further proceedings is not a final appealable order and hence the present appeal should be dismissed. Appellant City of New Haven opposes the motion to dismiss. We reject the City’s argument that the motion to dismiss was untimely. Jurisdictional defects are noticeable at any time. We turn, then, to the background.

Plaintiff Mall Properties, Inc., applied to the Corps of Engineers for permits to fill wetlands…

2Cases cited16 opinions

  1. Catlin v. United StatesSupreme Court of the United States · 1945
  2. Robert A. Pauls, Etc. v. The Secretary of the Air ForceCourt of Appeals for the First Circuit · 1972
  3. Robert J. Boreri v. Fiat S.P.A.Court of Appeals for the First Circuit · 1985
  4. Jack J. Bender v. William P. Clark, as Successor to James G. WattCourt of Appeals for the Tenth Circuit · 1984
  5. Albert Gueory v. Robert E. Hampton (Chairman of the United States Civil Service Commission)Court of Appeals for the D.C. Circuit · 1975

11 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Occidental Petroleum Corporation v. Securities and Exchange CommissionCourt of Appeals for the D.C. Circuit · 1989
  2. Eladio COLON, Plaintiff, Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, AppellantCourt of Appeals for the First Circuit · 1989
  3. High Ridge Hinkle Joint Venture v. City of AlbuquerqueNew Mexico Court of Appeals · 1994
  4. State v. AhasteenNew Mexico Court of Appeals · 1998
  5. Animal Lovers Volunteer Ass'n v. CarlucciCourt of Appeals for the Ninth Circuit · 1989

16 more not listed; retrieve them via the Exa API.

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