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MUHLY v. ESPY

Civ. A. No. 94-0634-R.

877 F.Supp. 294 (1995)

David J. MUHLY, et al., Plaintiffs, v. Michael ESPY, Secretary of the U.S. Depart. of Agriculture, et al., Defendants.

United States District Court, W.D. Virginia, Roanoke Division.

January 18, 1995.

Attorney(s) appearing for the Case

Stephen Allen Isaacs, William S. Bilenky, Law Office of Stephen A. Issacs, Richmond, VA, for plaintiffs.

Robert P. Crouch, Jr., U.S. Atty., Richard A. Lloret, U.S. Attorney's Office, Roanoke, VA, for defendants.

H. Allen Glover, Jr., William B. Poff, Michael J. Quinan, Woods, Rogers & Hazlegrove, P.L.C., Roanoke, VA, J. Phillip Jordan, Michael B. Wigmore, Swidler & Berlin, Chtd., Washington, DC, for amicus Appalachian Power Co.

MEMORANDUM OPINION

TURK, District Judge.

Plaintiffs brought this action pursuant to the citizen suit provision of the Administrative Procedure Act (APA) seeking a Writ of Mandamus to compel the Defendants to perform alleged non-discretionary duties. 5 U.S.C. § 702 and 28 U.S.C. § 1361. They claim they were excluded from the "scoping" process conducted by the Defendants in conjunction with Appalachian Power Company's (APCo) proposal for the...

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