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KENTUCKY WATERWAYS ALLIANCE v. JOHNSON

No. 1:04CV-145-R.

426 F.Supp.2d 612 (2006)

KENTUCKY WATERWAYS ALLIANCE, et. al., Plaintiffs v. Stephen L. JOHNSON, et. al., Defendants

United States District Court, W.D. Kentucky Bowling Green Division.

March 31, 2006.

Attorney(s) appearing for the Case

Albert Ettinger, Chicago, IL, Phillip J. Shepherd, Thomas Joseph Fitzgerald, Kentucky Resources Counsel, Frankfort, KY, for Plaintiffs.

Norman L. Rave, Jr., U.S. Department of Justice, Washington, DC, Robin B. Thomerson, Sharon Ratchford Vriesenga, Kentucky Environmental & Public Protection Cabinet, Frankfort, KY, Bradley A. Aulick, Timothy J. Hagerty, Frost Brown Todd LLC, Culver V. Halliday, Stoll Keenon Ogden, PLLC, Ronald R. Van Stockum, Jr., Louisville, KY, Carolyn M. Brown, John C. Bender, Mark S. Riddle, Greenebaum, Doll & McDonald, Lexington, KY, Kenneth T. Williams, Stoll Keenon Ogden, PLLC, Henderson, KY, for Defendants.

MEMORANDUM OPINION

RUSSELL, District Judge.

This matter comes before the Court on Plaintiffs' Motion for Summary Judgment on Count III of the Amended Complaint (Docket 40). Defendant, Environmental Protection Agency, has responded to the Plaintiffs' motion, and has filed a Cross-Motion for Summary Judgment (Dockets 49 & 50). Defendant, Commonwealth of Kentucky, has also responded to the Plaintiffs' motion, and has filed a Cross-Motion for Summary Judgment...

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