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NATURAL RES. DEF. COUN. v. SOUTHWEST MAR.

No. 00-55621

242 F.3d 1163 (2001)

Natural Resources Defense Council, Inc.; San Diego Baykeeper, Inc.; Kenneth J. Moser, Plaintiffs-Appellees, v. Southwest Marine Incorporated, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 20, 2001

Attorney(s) appearing for the Case

David L. Mulliken; Dorn G. Bishop, Latham & Watkins, San Diego, California, for the defendant-appellant.

Charles S. Crandall, San Luis Obispo, California; Everett L. DeLano, II, San Marcos, California, for the plaintiffs-appellees.

Before: Harry Pregerson, William C. Canby, Jr., and David R. Thompson, Circuit Judges.

Argued and Submitted February 8, 2001 — Pasadena, California

CANBY, Circuit Judge:

This is the third appeal by Defendant Southwest Marine, Inc., arising from an action brought against it by Plaintiffs Natural Resources Defense Council, San Diego Baykeeper, and Kenneth J. Moser under the citizen suit provisions of the Clean Water Act, 33 U.S.C. § 1365(a). Southwest Marine's first two appeals, challenging...

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