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HOTCAVEG v. KENNEDY

No. 1:94 CV 160 SNL.

883 F.Supp. 428 (1995)

Cindy L. HOTCAVEG and Ken Potrue, Plaintiff, v. Roger KENNEDY, Director, National Park Service, Bruce Babbitt, Secretary of the Interior, Defendant.

United States District Court, E.D. Missouri, Southeastern Division.

March 6, 1995.

Attorney(s) appearing for the Case

Robert T. Haar, Kohn and Shands, St. Louis, MO, for plaintiff.

Edwin B. Brzezinski, Sr., Asst. U.S. Atty., St. Louis, MO, for defendant.

MEMORANDUM AND ORDER

LIMBAUGH, District Judge.

This matter is before the Court on cross motions for summary judgment. The case involves the National Park Service (NPS) policy and procedure for awarding concessions in national parks; specifically, the interpretation of regulations which control the renewal of existing concessions.

Courts have repeatedly recognized that summary judgment is a harsh remedy that should be granted only when the...

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