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RUETH v. U.S.E.P.A.

No. 92-4139.

13 F.3d 227 (1993)

Harold G. RUETH, doing business as Rueth Development Company, Plaintiff-Appellant, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, United States Army, Corps of Engineers, G. Edward Bickey, Acting Assistant Secretary of the Army, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 30, 1993.

Attorney(s) appearing for the Case

Michael L. Muenich (argued), Nancy Beggs, Hand, Muenich & Wilk, Highland, IN, for plaintiff-appellant.

Orest S. Szewciw, Asst. U.S. Atty., Office of the United States Atty., Dyer, IN, Evelyn S. Ying (argued), Department of Justice, Land & Natural Resources Div., Washington, DC, for defendant-appellee.

Before POSNER, Chief Judge, COFFEY, Circuit Judge and ZAGEL, District Judge.

COFFEY, Circuit Judge.

The appellant, Harold Rueth, doing business as Rueth Development Company, Inc. ("Rueth"), brought this action in the district court seeking to restrain the government from asserting jurisdiction under the Clean Water Act, 33 U.S.C. § 1251 et seq., over property Rueth was developing. The district court granted the government's Fed.R.Civ.P. 12(b)(1) motion to dismiss for lack of subject matter jurisdiction because the EPA had not issued...

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