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STATE OF WYO. v. HOFFMAN

Civ. No. C76-95K.

423 F.Supp. 450 (1976)

STATE OF WYOMING and George Christopolus, State Engineer for the State of Wyoming, Plaintiffs, v. Martin R. HOFFMAN, Secretary of the Army, et al., Defendants.

United States District Court, D. Wyoming.

November 4, 1976.

Attorney(s) appearing for the Case

Steven L. Freudenthal and Marilyn S. Kite, Cheyenne, Wyo., for plaintiffs.

James P. Castberg, U. S. Atty., D. Wyo., Cheyenne, Wyo., for defendants.

Memorandum Opinion

KERR, District Judge.

At the threshold of this action the Court is confronted with a motion to dismiss. The motion brings in issue the "ripeness" and "standing" of the plaintiffs (State) in bringing this action. The State challenges the regulations promulgated by the Army Corps of Engineers and the Environmental Protection Agency pursuant to Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. §...

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