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FROEBEL v. MEYER

No. 98-3925.

217 F.3d 928 (2000)

Kurt FROEBEL, Plaintiff-Appellant, v. George E. MEYER, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 28, 2000.

Rehearing and Rehearing Denied July 28, 2000.

Attorney(s) appearing for the Case

William S. Roush, Jr. (argued), Davis & Kuelthal, Milwaukee, WI, for plaintiff-appellant.

Philip Peterson (argued), Office of the Attorney General, Wisconsin Department of Justice, Madison, WI, Gordon P. Giampietro (argued), Michael Best & Friedrich, Milwaukee, WI, William J. Domina, Office of the Corporation Counsel, Waukesha, WI, for defendant-appellee.

Before FLAUM, EASTERBROOK, and DIANE P. WOOD, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 28, 2000.

DIANE P. WOOD, Circuit Judge.

In 1992, the Wisconsin Department of Natural Resources ("WDNR") completed the process of destroying Funk's Dam, which had blocked the Oconomowoc River for nearly 150 years. After the dam was removed, silt and sediment that had built up over nearly 150 years damaged the river downstream from the former dam. Kurt Froebel believed that these actions violated state environmental...

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