District Court, D. New Jersey January 15, 2003, Civil Action 99-3500 (HAA) (FD & P Enterprises, Inc. v. United States Army Corps of Engineers)

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.