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FUND FOR ANIMALS, INC. v. RICE

No. 95-3339.

85 F.3d 535 (1996)

The FUND FOR ANIMALS, INC., Defenders of Wildlife, Florida Biodiversity Project, Maynard L. Hiss, Holly Jensen, Sierra Club, Environmental Confederation of Southwest Florida, Plaintiffs-Appellants, v. Terry R. RICE, Colonel, District Engineer, U.S. Army Corps of Engineers, Bruce Babbitt, Secretary, Department of the Interior, Mollie Beattie, Director, U.S. Fish and Wildlife Service, John Wesley White, County Administrator, Sarasota County, Sarasota County, a political subdivision of the State of Florida, Defendants-Appellees, Carol Browner, Administrator, Environmental Protection Agency, Defendant.

United States Court of Appeals, Eleventh Circuit.

As Amended August 12, 1996.

Attorney(s) appearing for the Case

Sidney B. Maddock, Silver Spring, MD, Kathrine Meyer, Eric R. Glitzenstein, Meyer & Glitzenstein, Washington, DC, Thomas W. Reese, Law Office of Thomas W. Reese, St. Petersburg, FL, for appellants.

Roger Sims, Holland & Knight, Orlando, FL, Steven L. Brannock, Stacy D. Blank, Rory C. Ryan, Holland & Knight, Tampa, FL, Alice Thurston, U.S. Dept. of Justice, Environment Division, Appellate Section, Washington, DC, Jorge L. Fernandez, Sarasota County Attorney's Office, Sarasota, FL, for appellees.

Before KRAVITCH, DUBINA and CARNES, Circuit Judges.

DUBINA, Circuit Judge:

The Plaintiffs-Appellants ("the Plaintiffs"), seek to prevent the construction of a municipal landfill on a site in Sarasota County, Florida, that the Plaintiffs claim is an indispensable habitat for the highly endangered Florida Panther and also home to the threatened Eastern Indigo Snake. The Plaintiffs bring this case before us to challenge the district court's grant of summary judgment in favor of the Defendants-Appellees ("the Defendants...

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