MELISSA INDUS. DEVELOPMENT CORP. v. NORTH COLLIN WATER SUPPLY CORP.

No. 4:02-CV-345.

256 F.Supp.2d 557 (2003)

MELISSA INDUSTRIAL DEVELOPMENT CORPORATION and City of Melissa, Texas, Plaintiffs, v. NORTH COLLIN WATER SUPPLY CORPORATION and United States Department of Agriculture acting by and through Ann M. Veneman, Secretary of Agriculture, Defendants.

United States District Court, E.D. Texas, Sherman Division.

April 8, 2003.


Attorney(s) appearing for the Case

Richard Mercer Abernathy, Abernathy, Roeder Boyd & Joplin, McKinney, TX, for Melissa Indus. Development Corp. and City of Melissa.

Ronald D. Stutes, Brown & Hofmeister LLP, Dallas, TX, for City of McKinney.

James Wallace Wilson, Rapier & Wilson, Allen, TX, for North Collin Water Supply Corp.

Ruth Harris Yeager, U.S. Attorney's Office, Tyler, TX, Christine Cole Biederman, U. S. Attorney's Office, Piano, TX, for Dept. of Agriculture.


MEMORANDUM OPINION AND ORDER

DAVIS, District Judge.

Defendant United States Department of Agriculture (USDA) has filed a Motion to Dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) (Docket No. 19). On March 26, 2003, the Court held a hearing on the USDA's Motion to Dismiss. Having considered the parties' submissions, argument of counsel, and the applicable law, the Court finds that the USDA's Motion to Dismiss should be

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