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McCLELLAN ECO. SEEPAGE SITUATION v. WEINBERGER

No. CIV S-86-475-RAR.

655 F.Supp. 601 (1986)

McCLELLAN ECOLOGICAL SEEPAGE SITUATION (MESS), Mary Fisher, Charles and Sandy Yarbrough, Plaintiffs, v. Caspar Willard WEINBERGER, Secretary of the United States Department of Defense, Defendant.

United States District Court, E.D. California.

December 9, 1986.

Attorney(s) appearing for the Case

Michael Axline, John E. Bonine, Western Natural Resources Law Clinic, University of Oregon School of Law, Eugene, Or., Victor Sher, San Francisco, Cal., Stephen L. Samuels, U.S. Dept. of Justice, Washington, D.C., for plaintiffs.

F. Henry Habicht II, Asst. Atty. Gen., Stephen L. Samuels, U.S. Dept. of Justice, Washington, D.C., Peter A. Nowinski, U.S. Atty., Yoshinori H.T. Himel, Asst. U.S. Atty., Sacramento, Cal., for defendant.

OPINION AND ORDER GRANTING MOTION OF DEFENDANT TO DISMISS CLAIM FOR CIVIL PENALTIES

RAMIREZ, District Judge.

This matter came on for hearing on November 3, 1986 on defendant's motion to dismiss plaintiff's claim for civil penalties. The Court rendered an oral ruling granting the motion to dismiss at the conclusion of that hearing, and this opinion specifically incorporates by reference the reasons articulated in that ruling.

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