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PROFFITT v. DEPARTMENT OF INTERIOR EX REL. LUJAN

Civ. A. No. C92-0695-L.

825 F.Supp. 159 (1993)

Lois PROFFITT, Plaintiff, v. DEPARTMENT OF INTERIOR ex rel. Manuel LUJAN, Jr. et al., Defendants.

United States District Court, W.D. Kentucky, at Louisville.

July 1, 1993.

Attorney(s) appearing for the Case

Gregory L. Smith, Arthur L. Williams, Woodward, Hobson & Fulton, Louisville, KY, for plaintiff.

Richard A. Dennis, U.S. Attorney's Office, Louisville, KY, for Dept. of Interior and Dept. of Justice.

Brenda Gail Lowe, Dept. of Law, Frankfort, KY, for E.P.A. and Kentucky Natural Resources & Environmental Protection Cabinet.

Frank G. Simpson, III, Pedley, Ross, Zielke, Gordinier & Porter, Louisville, KY, for defendants.

MEMORANDUM OPINION

HEYBURN, District Judge.

This case is before the Court on Defendants' motions to dismiss pursuant to Rule 12(b)(6) based upon the absence of federal subject matter jurisdiction and on Defendants' motions to stay discovery pending a ruling on such motions. Plaintiff, Lois Proffitt, challenges generally the North County Action Plan ("NCAP"), a local effort to improve wastewater treatment in northern Jefferson County by constructing a regional...

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