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ACORN v. EDWARDS

Civ. A. No. 93-1479.

842 F.Supp. 227 (1993)

ACORN, et al. v. Edwin EDWARDS, in his official capacity as Governor of the State of Louisiana; J. Christopher Pilley, in his official capacity as Secretary of the Louisiana Department of Health and Hospitals; and T. Jay Ray, in his official capacity as Administrator of the Safe Drinking Water Program, Louisiana Department of Health and Hospitals, Office of Public Health.

United States District Court, E.D. Louisiana.

Order Denying Reconsideration January 12, 1994.

Attorney(s) appearing for the Case

Nathalie M. Walker, Robert Baxter Wiygul, Sharon Carr Harrington, Sierra Club Legal Defense Fund, Inc., New Orleans, LA, for ACORN, Ass'n of Community Organizations for Reform Now, Illene Sippio, individually and as tutrix of her minor daughters, Terri Sippio and Torey Sippio, Frank Crosby, individually and as tutor of his minor son, Devin Crosby.

Emile Christian Rolfs, III, William Frank Ridlon, II, Luis Arturo Leitzelar, Breaseale, Sachse & Wilson, Baton Rouge, David Anthony Dalia, LA Office of Atty. Gen., New Orleans, LA, for Edwin Edwards, in his official capacity as Governor of State of LA, J. Christopher Pilley, in his official capacity as Secretary of LA Dept. of Health and Hospitals, T. Jay Ray, in his official capacity as Adm'r of Safe Drinking Water Program, LA Dept. of Health and Hospitals, Office of Public Health.

CHARLES SCHWARTZ, Jr., District Judge.

Before the Court is the defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction and Alternatively for Summary Judgment. Plaintiffs timely filed formal opposition to the aforesaid motion and the matter was submitted on the briefs without the necessity of any oral hearing. For the reasons hereinafter stated, defendant's Motion to Dismiss and Alternatively for Summary Judgment is DENIED.

I. PROCEDURAL BACKGROUND...

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