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KELLEY ON BEHALF OF PEOPLE OF STATE OF MICH. v. UNITED STATES

No. G83-630.

618 F.Supp. 1103 (1985)

Frank J. KELLEY, Attorney General of Michigan for and on Behalf of the PEOPLE OF the STATE OF MICHIGAN and the Natural Resources Commission, Plaintiffs, v. The UNITED STATES of America; United States Department of Transportation; the Honorable Elizabeth Dole, Secretary of the Department of Transportation; the United States Coast Guard; and Admiral James Gracey, Commandant of the Coast Guard, Defendants.

United States District Court, W.D. Michigan, S.D.

September 20, 1985.

Attorney(s) appearing for the Case

Frank J. Kelley, Atty. Gen. of Michigan by Stephen F. Schuesler, Asst. Atty. Gen., Environmental Protection Div., Lansing, Mich., for plaintiffs.

John A. Smietanka, U.S. Atty., Grand Rapids, Mich., and Dean K. Dunsmore, U.S. Dept. of Justice, Land & Natural Resources Div., Environmental Defense Section, Washington, D.C., for defendants.

OPINION

ENSLEN, District Judge.

This case is currently before the Court on Defendants' two pending dispositive motions. On July 13, 1984, Defendants filed a motion to dismiss Plaintiffs' complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure (FRCP) or in the alternative for summary judgment pursuant to FRCP 56(b). In this motion, Defendants contend that Plaintiffs' claim under the Federal Water Pollution Control Act, 33 U.S.C. §...

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