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CENTER FOR BIOLOGICAL DIVERSITY v. HAMILTON

No. CIV.A.1:04CV2573 JTC.

385 F.Supp.2d 1330 (2005)

CENTER FOR BIOLOGICAL DIVERSITY, Sierra Club, Southern Appalachian Biodiversity Project, and Georgia Forestwatch, Plaintiffs v. Sam HAMILTON, Regional Director, Region 4, United States Fish and Wildlife Service; Steven Williams, Director, United States Fish and Wildlife Service; and Gale Norton, Secretary of the Interior, Department of the Interior, Defendants.

United States District Court, N.D. Georgia, Atlanta Division.

Order Denying Reconsideration August 24, 2005.

Attorney(s) appearing for the Case

Curtis Andrew Cox, Lawrence D. Sanders, Atlanta, GA, for Plaintiffs.

Michael R. Eitel, U.S. Department of Justice, Washington, DC, for Defendants.

ORDER

CAMP, District Judge.

Pending before the Court is Defendants' Motion to Dismiss under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) [# 3]. Plaintiffs bring this suit for Defendants' alleged violations of the Endangered Species Act ("ESA") and the Administrative Procedure Act ("APA"). The issues presented by Defendants' motion to dismiss are whether Defendants are collaterally estopped from asserting a statute of limitations defense...

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