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WASHINGTON TROUT v. McCAIN FOODS, INC.

No. 93-35857.

45 F.3d 1351 (1995)

WASHINGTON TROUT, et al., Plaintiffs-Appellants, v. McCAIN FOODS, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 24, 1995.

Attorney(s) appearing for the Case

William Kloos, Johnson & Kloos, Eugene, OR, for plaintiffs-appellants.

Jerry R. Neal, Preston Gates & Ellis, Spokane, WA, and Lori A. Terry, Preston Gates & Ellis, Seattle, WA, for defendant-appellee. Ms. Terry and Mr. Neal wrote the brief, Mr. Neal argued the appeal.

Before: WOOD, HUG and TANG, Circuit Judges.

HARLINGTON WOOD, Circuit Judge:

Washington Trout, the United Food and Commercial Workers, Local 1439, and the Central Basin Audubon Society brought a Clean Water Act citizen suit against McCain Foods alleging violations of 33 U.S.C. § 1251 et seq., and R.C.W. § 90.48.010 et seq., based on the discharge of pollutants from a potato processing plant owned by the defendant. The district court dismissed the lawsuit for lack of subject matter jurisdiction after...

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