Legal Opinion
Eazor Express, Inc. v. United States
District Court, E.D. New York
Decided January 15, 1980No. 78 C 2313PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
NEAHER, District Judge.
Defendants in this damage action arising out of the dredging of a waterway adjacent to plaintiff’s property move to dismiss the complaint as barred by the applicable statute of limitations and laches. For the reasons set forth below, the motions are granted and the complaint is dismissed.
Plaintiff Eazor Express, Inc. (“Eazor”) is the owner of a trucking terminal in Brooklyn, New York, which is adjacent to New-town Creek, a navigable channel maintained by defendant United States Army Corps of Engineers (“ACE”) for the use of commercial vessels.…
2Cases cited20 opinions
- Executive Jet Aviation, Inc. v. City of ClevelandSupreme Court of the United States · 1972
- Fed. Sec. L. Rep. P 95,614 the Exchange National Bank of Chicago v. Touche Ross & Co.Court of Appeals for the Second Circuit · 1976
- Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
- Gardner v. Panama RailroadSupreme Court of the United States · 1951
- United States v. United Continental Tuna Corp.Supreme Court of the United States · 1976
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3Cited by3 opinions
- Kohlasch v. New York State Thruway AuthorityDistrict Court, S.D. New York · 1981
- Epshteyn v. United StatesDistrict Court, S.D. New York · 1987
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