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GOLDEN GATE AUDUBON SOC. v. ARMY CORPS OF ENGINEERS

No. C 87-6063 TEH.

700 F.Supp. 1549 (1988)

GOLDEN GATE AUDUBON SOCIETY, INC., et al., Plaintiffs, v. UNITED STATES ARMY CORPS OF ENGINEERS, et al., Defendants.

United States District Court, N.D. California.

May 6, 1988.

Attorney(s) appearing for the Case

Alan Waltner and Thomas Roy Gorman, Gorman & Waltner, Oakland, Cal., Zach Cowan, San Francisco, Cal., for plaintiffs.

Gail Cooper, U.S.E.P.A., Office of the General Counsel, Karen L. Egbert, Environmental Defense Section, Washington, D.C., for defendants.

ORDER

THELTON E. HENDERSON, District Judge.

This matter comes before the Court on defendant Port of Oakland's (hereafter "Port") motion to dismiss, various federal defendants' motion to dismiss and stay discovery, and plaintiffs' motion for summary judgment on their second cause of action. After careful consideration of the parties' papers and oral arguments, the Court vacates the Corps' prior jurisdictional disclaimer and remands the wetlands determination...

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