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THOUSAND FRIENDS OF IOWA v. IOWA DEPT. OF TRANSP.

No. CIV. 4-01-CV-10738.

257 F.Supp.2d 1204 (2002)

THOUSAND FRIENDS OF IOWA, et al., Plaintiffs, v. THE IOWA DEPARTMENT OF TRANSPORTATION and the City of West Des Moines, Defendants.

United States District Court, S.D. Iowa, Central Division.

September 20, 2002.

Attorney(s) appearing for the Case

Deborah M Tharnish, William J Koehn, Sharon K Malheiro, Davis Brown Koehn Shors & Roberts PC, Des Moines, Neil T Proto, Steven R Johnson, Verner Liipfert Bernhard McPherson & Hand Chartered, Washington, DC, for Thousand Friends of Iowa, Corey Day, on behalf of himself and all other similarly situated, Jennifer Wilken, on behalf of herself and all others similarly situated, Lavonne Kimmes, on behalf of herself and all others similarly situated, Bobbye J McMurray, Wilbur Butch Devine, Jr, on behalf of himself and all others similarly situated, Merle Hay Mall, Valley West DM, plaintiffs.

David A Ferree, Mark Hunacek, Iowa Attorney General, General Counsel Div— Dot, Ames, Edward W Remsburg, Nathan J Overberg, Ahlers & Cooney PC, Des Moines, for Iowa Department of Transportation, West Des Moines, City of, defendants.

ORDER

LONGSTAFF, Chief Judge.

On January 25, 2002, defendant Iowa Department of Transportation ("IDOT") filed a motion to dismiss plaintiffs' original complaint. Defendant City of West Des Moines ("the City") filed a corresponding motion on February 4, 2002.

Plaintiffs filed a motion for leave to amend their complaint on February 15, 2002, which was granted on April 5, 2002. In the interim, IDOT and newly added individual state defendants Mark Wandro...

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