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Berman Enterprises, Inc. General Marine Transport Corporation Standard Marine Services, Inc. Jane Frank Kresch, as Secretary of Berman Enterprises Evelyn Berman Frank, as Chief Executive Officer of General Marine Transport Corporation and as an Officer of the Other Named Corporations and Peter M. Frank, as President of General Marine Transport Corporation v. Thomas C. Jorling, in His Individual Capacity and in His Official Capacity as Commissioner of the New York State Department of Environmental Conservation and Langdon Marsh, in His Individual Capacity and in His Official Capacity as Executive Deputy Commissioner of the New York State Department of Environmental Conservation, 3 F.3d 602, 2d Cir. (1993)