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REEVES BROS., INC. v. U.S.E.P.A.

Civil Action No. 94-0053-L.

956 F.Supp. 665 (1995)

REEVES BROTHERS, INC., Plaintiff, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al., Defendant.

United States District Court, W.D. Virginia, Lynchburg Division.

April 11, 1995.

Attorney(s) appearing for the Case

Timothy Earl Cupp, Cupp & Cupp, Harrisonburg, VA, Thomas N. Griffin, III, I. Faison Hicks, Parker, Poe, Adams & Bernstein, Charlotte, NC, for Reeves Bros., Inc.

John F. Corcoran, U.S. Attorney's Office, Roanoke, VA, Daniel R. Dertke, U.S. Department of Justice, Washington, DC, Andrew S. Goldman, U.S. Environmental Protection Agency, Philadelphia, PA, for U.S.E.P.A.

John F. Corcoran, U.S. Attorney's Office, Roanoke, VA, Daniel R. Dertke, U.S. Dept. of Justice, Washington, DC, Gordon W. Daiger, Matthew T. Fricker, U.S. Department of Justice, Torts Branch, Civil Division, Washington, DC, for Browner, Kostmayer.

John F. Corcoran, U.S. Attorney's Office, Roanoke, VA, for Fetzer, Guarni, Richardson, Melvin.

MEMORANDUM OPINION

KISER, Chief Judge.

This matter is before me on the defendants' motions to dismiss. After extensive briefing and oral argument, the case is ripe for disposition. For the reasons set out below, I will dismiss plaintiff's constitutional claims against the individual capacity defendants and the statutory claims against the Environmental Protection Agency ("EPA") and the official capacity defendants. However, the constitutional claim...

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