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`ILIO`ULAOKALANI COALITION v. RUMSFELD

No. CV 04-00502DAEBMK.

369 F.Supp.2d 1246 (2005)

`ILIO`ULAOKALANI COALITION, a Hawai`i nonprofit corporation; Na `Imi Pono, a Hawai`i unincorporated association; and Kipuka, a Hawai`i unincorporated association, Plaintiffs, v. Donald H. RUMSFELD, Secretary of Defense; and Francis J. Harvey, Secretary of the United States Department of the Army, Defendants.

United States District Court, D. Hawai`i.

April 25, 2005.

Attorney(s) appearing for the Case

David L. Henkin, Isaac H. Moriwake, Earthjustice Legal Defense Fund, Honolulu, HI, for `Ilio`Ulaokalani Coalition, a Hawai`i nonprofit corporation, Na`Imi Pono, a Hawai`i unincorporated association, Kipuka, a Hawai`i unincorporated association, plaintiffs.

Harry Yee, Office of the United States Attorney, Honolulu, Barry A. Weiner, U.S. Department of Justice, Environment & Natural Resources Division, Thomas L. Sansonetti, U.S. Department of Justice, ENRD Wildlife & Natural, Resources Div, Washington, DC, for Donald H. Rumsfeld, Secretary of Defense, Les Brownlee, Acting Secretary of the United States Department of the Army, Francis J. Harvey, Secretary of the United States Department of the Army, defendants.

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

DAVID ALAN EZRA, Chief Judge.

The court heard Plaintiffs' Motion and Defendants' Cross-Motion on February 22, 2005. David Henkin, Esq., and Isaac Moriwake, Esq., appeared at the hearing on behalf of Plaintiffs; Harry Yee, Assistant United States Attorney, Barry Weiner, Department of Justice Attorney, Mark Katkow, Transformation Attorney,...

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