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ELLIOTT v. U.S. FISH AND WILDLIFE SERVICE

Civ. A. No. 90-263.

747 F.Supp. 1094 (1990)

Jeffrey W. ELLIOTT and Preserve Appalachian Wilderness, Plaintiffs, v. The UNITED STATES FISH AND WILDLIFE SERVICE and Ronald E. Lambertson, in his capacity as Regional Director of the U.S. Fish and Wildlife Service, Defendants.

United States District Court, D. Vermont.

October 2, 1990.

Attorney(s) appearing for the Case

Cindy Hill Couture, Couture and Hill, Northampton, Mass., James Dumont, Middlebury, Vt., for plaintiffs.

Helen Toor, Asst. U.S. Atty., Burlington, Vt., Abner Cooper, U.S. Dept. of Interior, Newton Corner, Mass., Carl G. Dworkin, Albany, N.Y., for defendants.

FINDINGS OF FACT AND OPINION

PARKER, District Judge.

Plaintiffs moved for a temporary restraining order and preliminary injunction to enjoin the United States Fish and Wildlife Service from introducing chemical lampricides into Lewis Creek, a stream feeding into the Vermont side of Lake Champlain, on September 23, 1990. A hearing was held and evidence was submitted on the motions on September 21 and 22, 1990...

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