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CAPELETTI BROS., INC. v. METROPOLITAN DADE COUNTY

No. 90-0678-CIV.R.

776 F.Supp. 1561 (1991)

CAPELETTI BROTHERS, INC., Weekley Asphalt Paving, Inc., Westwind Contracting, Inc., and Hardrives Company, Plaintiffs, v. METROPOLITAN DADE COUNTY, Joaquin Avino, manager of Dade County, Allied Contractor's Association, Inc., Southeastern Concrete Floors Co., Inc., Benjamin Plumbing, Inc., Richard B. Cheney, Secretary of the United States Department of Defense, William K. Reily, Administrator of the United States Environmental Protection Agency, Samuel J. Skinner, Secretary of the United States Department of Transportation, Jack F. Kemp, Secretary of the United States Department of Housing and Urban Development, Dale Twachtmann, Secretary of the State of Florida Department of Environmental Regulation, Defendants. METROPOLITAN DADE COUNTY, a political subdivision of the State of Florida, and Joaquin Avino, Cross-Plaintiffs, v. Samuel J. SKINNER, United States Secretary of Transportation, Jack F. Kemp, United States Secretary of Housing and Urban Development, Richard B. Cheney, Secretary of the United States Department of Defense, William K. Reily, Administrator of the United States Environmental Protection Agency, and Dale Twachtmann, Secretary of the State of Florida Department of Environmental Regulation, Cross-Defendants.

United States District Court, S.D. Florida.

October 29, 1991.

Attorney(s) appearing for the Case

Herbert P. Schlange, Atlanta, Ga., for plaintiffs.

Delora L. Kennebrew, Harry F. Chiles, Tallahassee, Fla., Robert A. Cuevas, Jack Hartog, Miami, Fla., for defendants.

Gary Siplin, Miami, Fla., for Intervenors.

ORDER GRANTING SUMMARY JUDGMENT

RYSKAMP, District Judge.

THIS CAUSE is before the Court on motions for summary judgment by the defendants on issues concerning the standing of Plaintiffs to bring this suit and the standing of Dade County ("County") to bring a cross-complaint against the Department of Environmental Regulation of the State of Florida ("State") and the various federal defendants.

BACKGROUND

Plaintiffs have brought a challenge...

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