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STARKE COUNTY FARM BUREAU CO-OP. v. I.C.C.

Civ. No. 1:93cv233.

839 F.Supp. 1329 (1993)

STARKE COUNTY FARM BUREAU CO-OPERATIVE ASSOCIATION, INC., and Allen County Cooperative, Inc., Plaintiffs, v. INTERSTATE COMMERCE COMMISSION, and Council on Environmental Quality, Defendants.

United States District Court, N.D. Indiana, Fort Wayne Division.

December 9, 1993.

Attorney(s) appearing for the Case

Frank J. Gray, Douglas E. Miller, Beckman Lawson Sandler Snyder and Federoff, Fort Wayne, IN, Fritz R. Kahn, Kevin B. McCarthy, Indianapolis, IN, for plaintiffs.

David H. Miller, U.S. Attys. Office, Fort Wayne, IN, Anthony P. Hoang, U.S. Dept. of Justice, Environment and Natural Resources Div., General Litigation Section, Washington, DC, Evelyn G. Kitay, Interstate Commerce Com'n, Office of the General Counsel, Washington, DC, for defendants.

J. Michael O'Hara, Anthony M. Stites, Barrett and McNagny, Fort Wayne, IN, John J. Paylor, Jonathan M. Broder, Philadelphia, PA, for intervenor defendant.

Douglas E. Miller, Beckman Lawson Sandler Snyder and Federoff, Fort Wayne, IN, J. Timothy McCaulay, Fort Wayne, IN, Kevin B. McCarthy, Indianapolis, IN, for intervenor.

ORDER

WILLIAM C. LEE, District Judge.

This matter is before the court on defendants' motion to dismiss plaintiffs' first amended complaint and on defendants' motion to strike affidavits. The defendants also oppose the plaintiffs' motion for leave to file a second amended complaint. Further, the City of Fort Wayne, a class action plaintiff in a subsequent case filed in this court1 against the Interstate Commerce Commission and...

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