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NATIONAL TRUST, ETC. v. U.S. ARMY CORPS OF ENGINEERS

No. C-1-82-624.

552 F.Supp. 784 (1982)

The NATIONAL TRUST FOR HISTORIC PRESERVATION IN the UNITED STATES, et al., Plaintiffs, v. U.S. ARMY CORPS OF ENGINEERS, et al., Defendants.

United States District Court, S.D. Ohio, W.D.

December 10, 1982.

Attorney(s) appearing for the Case

Timothy M. Burke, Cincinnati, Ohio, for Riverside Civic and Welfare Club, Inc. and Prospect Point Homeowners Ass'n.

Gary W. Wilburn, Washington, D.C., for Nat. Trust for Historic Preservation in the U.S.

W. Joseph Dehner, Jr., Cincinnati, Ohio, for Miami Purchase Ass'n for Historic Preservation.

Ely M.T. Ryder, Asst. City Sol., Cincinnati, Ohio, amicus curiae for City of Cincinnati.

Elizabeth Gere Whitaker, Asst. U.S. Atty., Cincinnati, Ohio, Rebecca A. Donnellan, U.S. Dept. of Justice, Land and Natural Resources Div., Washington, D.C., for U.S. Army Corps of Engineers, John O. Marsh, Jr., Secretary of the Army, Joseph K. Bratton, Chief of Engineers, U.S. Army Corps of Engineers, C.E. Eastburn, Dist. Engineer, Louisville Dist., U.S. Army Corps of Engineers.

P. Michael McCaulay, Cincinnati, Ohio, for Raymond J. Wandstrat.

OPINION AND ORDER GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT

SPIEGEL, District Judge:

This matter came before the Court for a consolidated hearing on cross-motions for summary judgment filed by plaintiffs (doc. 3), federal defendants (docs. 21, 22) and private defendant Raymond J. Wandstrat (doc. 24) and supporting memoranda. Plaintiffs filed a memorandum opposing defendants' motions (doc. 24) and federal defendants' replied (doc. 33) as did defendant...

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