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  5. 861 F.Supp. 16 (1994)
 

TOWN OF SHERBURNE v. ESPY

Civ. Nos. 5:92-100, 5:92-109.

861 F.Supp. 16 (1994)

TOWN OF SHERBURNE v. Mike ESPY, Secretary of Agriculture of the United States of America, and The Nature Conservancy TOWN OF CHITTENDEN v. The UNITED STATES of America, Mike Espy, Secretary of Agriculture of the United States of America, and The Nature Conservancy.

United States District Court, D. Vermont.

May 18, 1994.

Attorney(s) appearing for the Case

Mark L. Sperry, III, Langrock, Sperry & Wool, Burlington, VT, for Town of Sherburne.

Geoffrey A. Yudien, Vermont Atty. General's Office, Montpelier, VT, for State of Vermont.

Helen M. Toor, Asst. U.S. Atty., Office of the U.S. Atty., Dist. of Vermont, Burlington, VT, for Edward Madigan, U.S., Manuel Lujan.

Stephen Lee Saltonstall, Witten, Saltonstall, Woolmington & Bongartz, P.C., Bennington, VT, for The Nature Conservancy, The Nature Conservancy, Inc.

John J. Welch, Jr., Rutland, VT, for Town of Chittenden.

OPINION AND ORDER

BILLINGS, District Judge.

The consolidated cases listed above were referred to Magistrate Judge Jerome Neidermeier ("the Magistrate") for his Report and Recommendation as to defendants' motion for summary judgment and plaintiff Town of Sherburne's cross-motion for summary judgment. On March 30, 1994, the Magistrate issued his Report and Recommendation ("Magistrate's Report"). The Towns of Chittenden and Sherburne ("the Towns") have...

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