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HOOSIER ENVIR. COUNCIL, INC. v. U.S. ARMY CORPS OF ENG.

No. IP98-0606-C-M/S.

105 F.Supp.2d 953 (2000)

HOOSIER ENVIRONMENTAL COUNCIL, INC, Protect Our River Environment, Protect Our Woods Inc, Plaintiffs, v. U.S. ARMY CORPS OF ENGINEERS, ROBERT M. Walker, in His Official Capacity as Acting Secretary of the U.S. Department of the Army, Joe N. Ballard, Lieutenant General, in His Official Capacity as Commander and Chief of Engineers of the U.S. Army Corps of Engineers, Harry L. SPEAR, Colonel, in His Official Capacity as District Commander, Louisville District, RDI/Caesars Riverboat Casino, LLC, Defendants.

United States District Court, S.D. Indiana, Indianapolis Division.

July 19, 2000.

Attorney(s) appearing for the Case

Keith Guthrie, Elizabethtown, IN, Michael A Mullett, Mullett & Associates, Indianapolis, IN, for plaintiffs.

Sue Hendricks Bailey, Office of the U.S. Attorney, Indianapolis, IN, Ronald E Elberger, Bose McKinney & Evans, Indianapolis, IN, Thomas A Lorenzen, Environmental Defense Section, Washington, DC, Bradley L Williams, Ice Miller Donadio & Ryan, Indianapolis, IN, for defendants.

ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

McKINNEY, District Judge.

This matter comes before the Court on cross-motions for summary judgment filed by the plaintiffs and the government defendants on September 21, 1999. At issue is whether the United States Army Corps of Engineers, Robert M. Walker, Lt. Gen. Joe N. Ballard, or Col. Harry L. Spear (collectively the "COE" or the "COE and its officers"), in issuing a permit to RDI/Caesars Riverboat Casino...

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