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WINZELER EXCAVATING CO. v. BROCK

No. C 86-7742.

694 F.Supp. 362 (1988)

WINZELER EXCAVATING CO., Plaintiff, v. William E. BROCK, Secretary of Labor, et al., Defendants.

United States District Court, N.D. Ohio W.D.

June 8, 1988.

Attorney(s) appearing for the Case

Gregory L. Hammond, Millisor, Belkin & Nobil, Akron, Ohio, for Winzeler Excavating Co.

Verne K. Armstrong, Toledo, Ohio, Jeffrey R. Ingraham, Asst. Pros. Atty., Celina, Ohio, Dennis Muchnicki, Asst. Atty. Gen., Columbus, Ohio, Robert E. Dunlap, Thompson, Dunlap, Heydinger, O'Connor and MacDonald, Bellefontaine, Ohio, Wendy Bader, Office of the Sol., U.S. Dept. of Labor, Washington, D.C., for defendants.

OPINION and ORDER

WALINSKI, Senior District Judge.

This cause is before the Court on plaintiff's motion for preliminary injunction, federal defendants' motion for summary judgment and a motion to dismiss on Eleventh Amendment grounds filed by defendant Ohio Environmental Protection Agency ("Ohio EPA"). This is an action for declaratory and injunctive relief. Plaintiff alleges due process violations because defendants withheld government contract funds prior...

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