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WESTERN NEBRASKA RESOURCES v. WYOMING FUEL CO.

No. CV 85-L-159.

641 F.Supp. 128 (1986)

WESTERN NEBRASKA RESOURCES COUNCIL, Plaintiff, v. WYOMING FUEL COMPANY, et al., Defendants.

United States District Court, D. Nebraska.

On Motion For Reconsideration June 30, 1986.

Attorney(s) appearing for the Case

Andrew B. Reid, Broken Plow Law Office, Chadron, Neb., and Frank B. Morrison, Sr., Sun Lakes, Ariz., for plaintiff.

Mark D. McGuire of Crosby, Guenzel, Davis, Kessner & Kuester, Lincoln, Neb., Richard L. Fanyo of Welborn, Dufford, Brown & Tooley, Denver, Colo., Ruth Anne Galter, Asst. Atty. Gen., Lincoln, Neb., Ann C. Hurley, U.S. Dept. of Justice, Land & Natural Resources Div. Environmental Defense Section, Washington, D.C., Sally R. Johnson, Asst. U.S. Atty., Lincoln, Neb., and Erik Olson, Environmental Protection Agency, Washington, D.C., for defendants.

MEMORANDUM

URBOM, District Judge.

The plaintiff, Western Nebraska Resources Council (WNRC), brings this action pursuant to numerous statutory and constitutional provisions which variously allege violations of the Safe Drinking Water Act. The defendants move to dismiss for lack of subject matter jurisdiction pursuant to Fed. R.Civ.P. 12(b)(1).

Upon a jurisdictional challenge, the plaintiff has the burden of establishing jurisdictional facts. McNutt...

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