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MODERN, INC. v. FLORIDA

Case No. 6:03-cv-718-Orl-31KRS.

444 F.Supp.2d 1234 (2006)

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.

Order Denying Rehearing and Reconsideration August 15, 2006.

Attorney(s) appearing for the Case

Allan Paxton Whitehead, Frese, Hansen, Anderson, Anderson, Heuston & Whitehead, P.A., Melbourne, FL, David Smolker, Ethan Jerome Loeb, Matthew C. Lucas, Tampa, FL, Raandi L. Morales, Trenam, Kemker, Scharf, Barkin Frye, O'Neill & Mullis, P.A., St. Petersburg, FL, for Plaintiffs.

Walter Kelly, Fla. Dept. of Transportation Office of General Counsel, Tallahassee, FL, Stanley J. Niego, William H. Congdon, Karen C. Coffman, St. Johns River Water Management District, Palatka, FL, Samuel D. Armstrong, U.S. Attorney's Office, Orlando, FL, For Defendants.

ORDER

PRESNELL, District Judge

This matter comes before the Court on the motion to dismiss or, in the alternative, for summary judgment (Doc. 215) filed by Defendant United States Fish & Wildlife Service ("Fish & Wildlife"), the response (Doc. 243) filed by the Plaintiffs, Modern, Inc. ("Modern") and First Omni Service Corp. ("First Omni"), and the reply (Doc. 276) filed by Fish & Wildlife.

I. Background

The Plaintiffs...

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