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DAN CAPUTO CO. v. RUSSIAN RIVER COUNTY SANITATION

No. 83-2166.

749 F.2d 571 (1984)

DAN CAPUTO CO. and Wagner Construction Co., A Joint Venture, Plaintiff-Appellant, v. RUSSIAN RIVER COUNTY SANITATION DISTRICT, A Public Entity, State of California, State Water Resources Control Board; United States Environmental Protection Agency, etc. et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 13, 1984.

Attorney(s) appearing for the Case

John S. Pachter, Wickwire, Gavin & Gibbs, P.C., Vienna, Va., for plaintiff-appellant.

David A. Stein, Lempres & Wulfsberg, Oakland, Cal., David W. Hamilton, Deputy Atty. Gen., San Francisco, Cal., for defendants-appellees.

Before KENNEDY and CANBY, Circuit Judges, and PFAELZER, District Judge.

CANBY, Circuit Judge:

Dan Caputo Co. and Wagner Construction Co. (Caputo/Wagner) had a contractual dispute with the Russian River Sanitation District (Russian River) regarding Caputo/Wagner's construction of a sewage treatment system for Russian River. Caputo/Wagner filed this action to prevent Russian River from awarding a contract to correct alleged defects in Caputo/Wagner's work. The district court dismissed Caputo/Wagner...

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