PRESERVE ENDANGERED AREAS v. U.S. ARMY CORPS

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

916 F.Supp. 1557 (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.

December 20, 1995.


Attorney(s) appearing for the Case

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

Patricia Rebecca Stout, Office of United States Attorney, Northern District of Georgia, Atlanta, GA, Mark A. Brown, U.S. Department of Justice, Environment & Natural Resources Division, Wildlife & Marine Resources Section, Washington, DC, Naikang Tsao, U.S. Department of Justice, Environment & Natural Resources Division, Environmental Defense Section, Washington, DC, Caroline M. Zander, U.S. Department of Justice, Environmental/Natural Resources Division, General Litigation Section, Washington, DC, Rebecca R. Phillips, U.S. Army Corp of Engineers, Office of Counsel, Savannah, GA, for United States Army Corps of Engineers, Wayne M. Boy, Necholus Ogden.

Patricia Rebecca Stout, Office of United States Attorney, Atlanta, GA, Mark A. Brown, U.S. Department of Justice, Environment & Natural Resources Division, Wildlife & Marine Resources Section, Washington, DC, Naikang Tsao, U.S. Department of Justice, Environment & Natural Resources Division, Environmental Defense Section, Washington, DC, Caroline M. Zander, U.S. Department of Justice, Environmental/Natural Resources Division, General Litigation Section, Washington, DC, Togo D. West, United States Environmental Protection Agency, Carol M. Browner, 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 various motions:

1. Plaintiffs' motion for reconsideration [42-1]; 2. Plaintiffs' motion for summary judgment [46-1]; 3. Defendant Cobb County's motion for summary judgment [47-1]; 4. Federal defendants' motion for summary judgment [50-1]; 5. Plaintiffs' motion to supplement the record [52-1]; 6. Defendant...

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