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NAGEL v. THOMAS

No. K87-198.

666 F.Supp. 1002 (1987)

Alvin NAGEL, d/b/a Fred W. Nagel & Sons, Inc., Lynn Mayer, d/b/a Lynn Mayer Gladiolus Farms, Donald Mayer, d/b/a Donald Mayer & Sons, George Mayer, d/b/a George Mayer & Sons, James Cary, d/b/a J.M. Cary & Sons, Allen Poest, d/b/a Allen Poest Gladiolus, Henry Nagel, d/b/a Nagel Bulb Farm, John Mayer, d/b/a Sunshine Gardens, John Westerhoven, d/b/a Westerhoven Flower Farms, Plaintiffs, v. Lee M. THOMAS, Administrator, Environmental Protection Agency, Defendants.

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

July 24, 1987.

Attorney(s) appearing for the Case

Smith, Haughey, Rice & Roegge, by Brian J. Plachta, Grand Rapids, Mich., for plaintiffs.

Office of Gen. Counsel of U.S., John A. Amodeo, Cara Joblon, Michael Shiparski, Washington, D.C., for defendants.

OPINION

ENSLEN, District Judge.

The Court held a hearing in the above-captioned case on defendant's motion to dismiss on May 27, 1987. At the hearing, the Court rendered an oral opinion from the bench granting defendant's motion to dismiss. Because there are but a handful of published opinions that discuss the subject matter and central issues of this case, the Court has decided to issue its bench opinion in written form with a few minor modifications. The...

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