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ENVIRONMENTAL DEFENSE FUND, INC. v. FROEHLKE

No. 20164-1.

368 F.Supp. 231 (1973)

ENVIRONMENTAL DEFENSE FUND, INC., et al., Plaintiffs, v. Robert F. FROEHLKE, Secretary of the Army, et al., Defendants, and The City of Osceola, Mo., et al., Defendants-Intervenor.

United States District Court, W. D. Missouri, W. D.

Cost Taxed December 5, 1973.

Injunction Denied December 20, 1973.

Attorney(s) appearing for the Case

Edward Lee Rogers, East Setauket, N. Y., Arthur A. Benson, II, Kansas City, Mo., for plaintiffs.

Irwin L. Schroeder, Dept. of Justice, Washington, D. C., David M. Proctor, Jr., Asst. U. S. Atty., Kansas City, Mo., for Federal defendants.

Lyman Field, Reggie C. Giffin, Kansas City, Mo., for City of Osceola, Mo., et al.

F. Phillip Kirwan, Patrick E. Hartigan, Kansas City, Mo., for Tobin Const. Co.

John C. Danforth, Atty. Gen. State of Missouri, Walter W. Nowotny, Jr., Asst. Atty. Gen. of Mo., Jefferson City, Mo., for State of Missouri.

William H. Bates, Joseph E. Stevens, Kansas City, Mo., for Guy F. Atkinson Co.

John Manning, Kansas City, Mo., for Operating Engineers Local No. 101.

MEMORANDUM OPINION, FINDINGS OF FACT, CONCLUSIONS OF LAW, AND FINAL JUDGMENT AND DECREE

JOHN W. OLIVER, District Judge.

I.

This case pends on plaintiffs' amended motion, filed May 5, 1973 (which amended an initial motion filed April 4, 1973) as further amended by paragraph 88 of plaintiffs' suggestions filed June 29, 1973, as amplified by plaintiffs' brief filed July 20, 1973, and by plaintiffs' suggestions in support of a motion for interim relief...

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