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MODERN, INC. v. FLORIDA, DEPT. OF TRANSP.

No. 6:03CV-718-ORL-31DAB.

381 F.Supp.2d 1331 (2004)

MODERN, INC., and First Omni Service Corp., Plaintiffs, v. State of FLORIDA, DEPARTMENT OF TRANSPORTATION, St. Johns River Water Management District, and United States Fish & Wildlife Service, Defendants.

United States District Court, M.D. Florida, Orlando Division.

April 14, 2004.

Attorney(s) appearing for the Case

Allan Paxton Whitehead, Frese, Nash & Hansen, P.A., Melbourne, FL, David Smolker, Matthew C. Lucas, Bricklemyer, Smolker & Bolves, P.A., Tampa, FL, for Plaintiffs.

Walter Kelly, Fla. Dept. of Transportation, Tallahassee, FL, Stanley J. Niego, William H. Congdon, Palatka, FL, Samuel D. Armstrong, Office of the U.S. Attorney, Orlando, FL, for Defendants.

ORDER

PRESNELL, District Judge.

This cause comes before the Court for consideration on the following:

1) the United States Fish and Wildlife Service's ("USFWS") Motion to Dismiss (Doc. 46), and Plaintiffs' Response in Opposition thereto (Doc. 56);

2) St. Johns River Water Management District's ("St.Johns") Motion to Dismiss (Doc. 47) and Memorandum of Law in Support thereof (Doc. 50);

3) State of Florida, Department of Transportation...

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