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CANE CREEK CONSERV. AUTH. v. ORANGE WATER & SEWER

Nos. C-82-992-D, C-83-72-D.

590 F.Supp. 1123 (1984)

CANE CREEK CONSERVATION AUTHORITY and Teer Farms, Inc., Plaintiffs, v. ORANGE WATER AND SEWER AUTHORITY; John O. Marsh, Jr., Secretary of the Army; Lt. General Joseph K. Bratton, Chief of Engineers of the Army Corps of Engineers; Col. Robert K. Hughes, District Engineer, Wilmington District, Army Corps of Engineers; Col. Wayne A. Hanson, Wilmington District, Army Corps of Engineers, Defendants. CANE CREEK CONSERVATION AUTHORITY and Teer Farms, Inc., Plaintiffs, v. ORANGE WATER AND SEWER AUTHORITY and Robert K. Hughes, District Engineer for the Army Corps of Engineers, Defendants.

United States District Court, M.D. North Carolina, Durham Division.

August 10, 1984.

Attorney(s) appearing for the Case

David A. Harlow, Durham, N.C., for plaintiffs.

Thomas Erwin and Charles D. Case, Raleigh, N.C., for Orange Water and Sewer Authority.

Carl Strass, Washington, D.C., for the Army Corps of Engineers.

MEMORANDUM OPINION

GORDON, Senior District Judge.

These cases come before the Court on numerous motions by the opposing parties.1 Inasmuch as these two actions involve common questions of law and fact, and parties with identical interests, the actions have been consolidated for the purpose of considering these motions.

I. INTRODUCTION

A. Cane Creek I

In this action, plaintiffs seek a declaratory...

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