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BANKS v. PAGE

No. 91-10003-CIV.

768 F.Supp. 809 (1991)

Parks B. BANKS, Plaintiff, v. Robert W. PAGE, Assistant Secretary of the Army, et al., Defendants.

United States District Court, S.D. Florida.

June 24, 1991.

Attorney(s) appearing for the Case

James Stewart Mattson, Key Largo, Fla., for plaintiff Parks B. Banks.

Barbara Bisno, U.S. Atty., Miami, Fla., for defendants Robert W. Page, Hatch, Sobkey, Malson and U.S.

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS

JAMES LAWRENCE KING, Chief Judge.

This cause comes before the Court upon motion of defendants to dismiss, pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), on several grounds: one, that plaintiff fails to plead adequate grounds for subject matter jurisdiction, specifically that the Administrative Procedure Act and the Clean Water Act prohibit pre-enforcement judicial review of the agency actions...

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