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Family Farm Alliance v. Salazar

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


November 8, 2010

FAMILY FARM ALLIANCE, PLAINTIFF,
v.
KENNETH SALAZAR, AS SECRETARY OF THE UNITED STATES DEPARTMENT OF THE INTERIOR, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

Order Granting Defendants' Motion for Summary Judgment and Denying

Plaintiffs' Motion for Summary Judgment

Before the Court are the parties' cross-motions for summary judgment on Claims 2 and 3 of Plaintiff's complaint (Docket Nos. 54, 60). On January 22, 2010, the Court consolidated Claim 1 with The Delta Smelt Consolidated Cases, Civ. No. 09-407 OWW, see Docket No. 44, and that claim is not presently before the Court. The Court has considered the full record in this case, including the parties' motions, supporting memoranda, and arguments presented at the September 22, 2010 hearing, at which all parties were represented by counsel as stated on the record. For the reasons set forth in the Court's Memorandum Opinion dated October 26, 2010 (Docket No. 75), the Court hereby ORDERS that Defendants' motion for summary judgment on Claims 2 and 3 be GRANTED and that the Plaintiff's motion for summary judgment on Claims 2 and 3 be DENIED.

Final partial judgment is hereby entered for Defendants and against Plaintiffs on Claims 2 and 3.

IT IS SO ORDERED.

20101108

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