Opinion Notes:
MEMORANDUM DECISION. NOW THEREFORE IT IS HEREBY ORDERED, that the plaintiffs motion for summary judgment 55 is GRANTED IN PART AND DENIED IN PART. IT IS FURTHER ORDERED, that the defendants motion for summary judgment 83 is GRANTED IN PART AND DENIED IN PART. IT IS FURTHER ORDERED, that intervenors motion for summary judgment 84 is MOOT. IT IS FURTHER ORDERED, that the motion to file sur-reply 99 is GRANTED. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)