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IDAHO CONSERVATION LEAGUE v. BOER

No. CV-04-250-S-BLW.

362 F.Supp.2d 1211 (2004)

IDAHO CONSERVATION LEAGUE, Plaintiff, v. Adrian BOER, dba K & W Dairy, Defendant.

United States District Court, D. Idaho.

September 27, 2004.

Attorney(s) appearing for the Case

Lauren M. Rule, William M. Eddie, Boise, ID, for Plaintiff.

Debora K. Kristensen, Boise, ID, for Defendant.

Lisa J. Kronberg, Esq., Boise, ID, for amicus.

MEMORANDUM DECISION AND ORDER

WINMILL, Chief Judge.

INTRODUCTION

The Court has before it a motion to dismiss filed by defendant. The Court heard oral argument on the motion on September 21, 2004, and took the motion under advisement. As explained below, the Court will construe the motion as a motion for summary judgment and will deny the motion.

FACTUAL BACKGROUND

In this lawsuit, plaintiff Idaho Conservation League (ICL) claims...

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