PRESERVE ENDANGERED AREAS OF COBB'S v. U.S. ARMY

Civil No. 1:95-CV-1394-WCO.

915 F.Supp. 378 (1995)

PRESERVE ENDANGERED AREAS OF COBB'S HISTORY, INC. ("P.E.A.C.H."); Roger Peaster; Heidi Peaster; Johnny Plunkett; Ruby Plunkett; John Mowell; and, Marie Mowell v. UNITED STATES ARMY CORPS OF ENGINEERS; Togo D. West, Secretary of the Army; Colonel Wayne M. Boy, District Engineer, Savannah District Corps of Engineers; Necholous Ogden, Chief Regulatory Branch, Savannah District Corps of Engineers; United States Environmental Protection Agency; Carol M. Browner, Administrator; John H. Hankinson; Regional Administrator; and, Cobb County, Georgia.

United States District Court, N.D. Georgia, Atlanta Division.

August 24, 1995.


Attorney(s) appearing for the Case

Robert B. Remar, Susan Marie Garrett, Kirwan Parks Chesin & Remar, Atlanta, GA, for Preserve Endangered Areas of Cobbs' History, Inc., Roger Peaster, Heidi Peaster, Johnny Plunkett, Ruby Plunkett, John Mowell and Marie Mowell.

Patricia Rebecca Stout, Office of United States Attorney, N.D. GA, States Courthouse Atlanta, GA, Mark A. Brown, U.S. Department of Justice, Environment & Natural Resources Division, Wildlife & Marine Resources Section, Washington, DC pro hac vice, Naikang Tsao, U.S. Department of Justice Environment & Natural Resources Division, Environmental Defense Section, Washington, DC pro hac vice, Caroline M. Zander, U.S. Department of Justice Environmental/Natural Resources Division, General Litigation Section, Washington, DC pro hac vice, Rebecca R. Phillips, U.S. Army Corp of Engineers Office of Counsel, Savannah, GA, for U.S. Army Corps. of Engineers, Togo D. West, Wayne M. Boy, Necholus Ogden U.S. E.P.A., Carol M. Browner and John H. Hankinson.

Fred Douglas Bentley, Jr., Coleen Daugherty Hosack, Bentley Bentley & Bentley, Marietta, GA, Fred Douglas Bentley, Jr., Office of Cobb County Attorney Law Department, Marietta, GA, for Cobb County, Georgia.

Roy E. Barnes, Jerry A. Landers, Jr., Barnes Browning Tanksley & Casurella, Marietta, GA, for C.W. Matthews Contracting Company, Inc.


ORDER

O'KELLEY, District Judge.

The captioned case is before the court for consideration of four motions:

(1) The federal defendants' motion to dismiss [14-1]; (2) Defendant Cobb County's motion for reconsideration [30-1]; (3) The federal defendants' motion for reconsideration [33-1]; and, (4) The federal defendants' motion for extension of time [37-1].

Each motion will be considered in turn.

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