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IN RE OLIVER M. ELAM, JR., CO., INC.

No. 84-5452.

771 F.2d 174 (1985)

In re OLIVER M. ELAM, JR., CO., INC., Plaintiff. COALPORT, INC., Plaintiff-Appellant, v. Malcolm BALDRIDGE, Secretary of Commerce; Carlos Campbell, Assistant Secretary of Commerce, Economic Development Administration; and Eastern Kentucky Port Authority, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided August 30, 1985.

Attorney(s) appearing for the Case

James Park, Jr., argued, Katherine K. Yunker, Brown, Todd & Heyburn, Lexington, Ky., Richard E. Wentz, Robinson, Arnzen, Parry & Wentz, Covington, Ky., Roger R. Cantrell, Cantrell & Nichols, Greenup, Ky., for plaintiff-appellant.

Louis DeFalaise, U.S. Atty., Lexington, Ky., Ms. Leslie Dellon, argued, Dept. of Justice, Civil Div., Washington, D.C., Roger W. Hall, Adkins, Hall, Howell & Duggan, Ashland, Ky., for defendants-appellees.

Before ENGEL and KRUPANSKY, Circuit Judges, and HULL, District Judge.

ENGEL, Circuit Judge.

This litigation challenges the adequacy of findings made by the Economic Development Administration of the Department of Commerce (EDA) in connection with its approval of federal government funding for a riverport facility to be located on the Ohio River in Ashland, Kentucky. The riverport was designed to provide complete cargo services with covered storage for general cargo and facilities to handle general cargo loading and coal loading between...

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