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STATE OF CAL. v. U.S. DEPT. OF NAVY

No. 86-1972.

845 F.2d 222 (1988)

STATE OF CALIFORNIA, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF the NAVY, Does one through ten, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted April 6, 1988.

Decided April 27, 1988.

Attorney(s) appearing for the Case

Roderick E. Walston, Allene C. Zanger, Deputy Attys. Gen., San Francisco, Cal., for the plaintiff-appellant.

Robert L. Klarquist, J. Carol Williams, Dept. of Justice, Washington, D.C. for defendant-appellee.

James Thornton, Natural Resources Defense Council, New York City, Michael Axline, John Bonine, Eugene, Or., for amicus curiae.

Before CHOY, GOODWIN and TANG, Circuit Judges.

CHOY, Circuit Judge:

The State of California ("California") brought this action against the United States Department of the Navy ("Navy") for alleged violations of a state water pollution discharge permit. The complaint alleges that the Navy violated the terms and conditions of its permit from October 1983 through July 1984 by discharging waste that was not properly treated into the San Francisco Bay. The complaint sought recovery of civil penalties under §&...

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