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HANFORD DOWNWINDERS COALITION, INC. v. DOWDLE

No. 94-35100.

71 F.3d 1469 (1995)

HANFORD DOWNWINDERS COALITION, INC., a nonprofit corporation, on its own behalf and on behalf of its members; Beatrice A. Christoph; Kathi Steinke; and Gloria D. Tinder, as individuals, Plaintiffs-Appellants, v. Dr. Walter DOWDLE, in his capacity as Administrator of the Agency for Toxic Substance and Disease Registry; and Agency for Toxic Substances and Disease Registry, an agency of the United States, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 7, 1995.

Attorney(s) appearing for the Case

Tom H. Foulds, Tom H. Foulds & Associated Counsel, Seattle, Washington, for plaintiffs-appellants.

Elizabeth Ann Peterson, United States Department of Justice, Environment & Natural Resources Division, Washington, D.C., for defendants-appellees.

Before: FARRIS, NOONAN and HAWKINS, Circuit Judges.

MICHAEL DALY HAWKINS, Circuit Judge:

The Hanford Downwinders Coalition ("HDC") and private plaintiffs appeal the district court's decision to dismiss their request for injunctive relief against defendants-appellees Dr. Walter Dowdle, Administrator of the Agency for Toxic Substances and Disease Registry ("ATSDR"), and the ATSDR. The lower court dismissed the HDC's claim for lack of subject matter jurisdiction and for failure to state a claim based on the Timing of...

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