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U.S. v. TELLURIDE CO.

No. 97-1236.

146 F.3d 1241 (1998)

UNITED STATES of America, Plaintiff-Appellant, v. TELLURIDE COMPANY, named: The Telluride Company; Mountain Village, Inc., d/b/a Telluride Mountain Village, Inc.; Telluride Ski Area, Inc., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 25, 1998.

Attorney(s) appearing for the Case

Ellen J. Durkee (Lois J. Schiffer, Assistant Attorney General, Peter Coppelman, Acting Assistant Attorney General, Robert H. Foster, and Robert L. Klarquist, Environment & Natural Resources Division, Department of Justice, Washington, DC; Cathy Winer, Joseph G. Theis, and Alan Morrissey, Environmental Protection Agency, Washington, DC; Steven B. Moores, and Wendy I. Silver, Environmental Protection Agency, Denver, CO, with her on the briefs), Environment & Natural Resources Division, Department of Justice, Washington, DC, for Plaintiff-Appellant.

David C. Warren (James E. Scarboro, David S. Neslin, and Peter J. Krumholz, with him on the brief), of Arnold & Porter, Denver, CO, for Defendants-Appellees.

Before BRORBY, BARRETT and LUCERO, Circuit Judges.

BRORBY, Circuit Judge.

The United States appeals the district court's grant of partial summary judgment to the appellees, Telluride Co., Mountain Village Inc., and Telluride Ski Area, Inc. (collectively "Telco"), dismissing the Government's claims for violations of the Clean Water Act, 33 U.S.C. § 1251 et. seq, that occurred prior to October 15, 1988. See United States v. Telluride Co., 884 F.Supp. 404 (D.Colo...

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