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SMALLS v. U.S.E.P.A.

Civ. A. No. 86-1145.

683 F.Supp. 120 (1988)

SMALLS, David J., et al. v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, United States of America.

United States District Court, E.D. Pennsylvania.

March 21, 1988.

Attorney(s) appearing for the Case

Mark R. Cuker, Philadelphia, Pa., for plaintiffs.

Susan Dein Bricklin, Asst. U.S. Atty., Philadelphia, Pa., Jay Tidmarsh, Dept. of Justice, Washington, D.C., for U.S.E.P.A.

MEMORANDUM

CLIFFORD SCOTT GREEN, District Judge.

Pending before the court is defendant's contested motion to dismiss plaintiffs' complaint pursuant to Fed.R.Civ.P. 12(b)(1) for lack of subject matter jurisdiction and 12(b)(6) for failure to state a claim upon which relief can be granted or in the alternative for summary judgment. For the reasons set forth below, defendant's motion to dismiss will be granted....

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