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STATE OF MO. EX REL. NIXON v. CRAIG

No. 96-4086-CV-C-9.

978 F.Supp. 902 (1997)

STATE OF MISSOURI, ex rel., Jeremiah W. ("Jay") NIXON, et al., Plaintiffs, v. Colonel Richard W. CRAIG, et al., Defendants.

United States District Court, W.D. Missouri, Central Division.

August 29, 1997.

Attorney(s) appearing for the Case

William J. Bryan, IV, Mo. Atty. Gen.'s Office, Jefferson City, MO, Joseph Bindbeutel, Mo. Atty. Gen.'s Office, Jefferson City, MO, Jeremiah Jay Nixon, Atty. Gen., Mo. Atty. Gen's Office, Jefferson City, MO, for State of Missouri, Mel Carnahan.

Robert Joseph Vincze, Law Offices of Robert J. Vincze, Overland Park, KS, for Mo-Ark Association.

Alleen S. VanBebber, U.S. Atty.'s Office, Kansas City, MO, Fred R. Disheroon, U.S. Dept. of Justice Environment and Natural Resources Div., Washington, DC, for Richard W. Craig, H. Martin Lancaster, Togo P. West.

Julie Krenz, Bismarck, ND, for State of N.D., amicus.

Tim D. Hall, Helena, MT, for State of Mont., amicus.

John P. Guhin, Pierre, SD, State of S.D., amicus.

ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT

BARTLETT, Chief Judge.

On September 23, 1996, plaintiffs State of Missouri and the MO-ARK Association (MO-ARK) filed their First Amended Complaint (Complaint) pursuant to the Administrative Procedure Act (APA), 5 U.S.C. § 701 et seq. Plaintiffs allege that the Army Corps of Engineers (the Corps) adopted an Annual Operating Plan for...

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