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MONTEREY BAY UNIFIED AIR POLLUT. v. DEPT. OF ARMY

No. 99-CV-20485-RMW.

176 F.Supp.2d 979 (2001)

MONTEREY BAY UNIFIED AIR POLLUTION CONTROL DISTRICT FOR THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff, v. UNITED STATES DEPARTMENT OF THE ARMY and United States Department of Defense, Defendants.

United States District Court, N.D. California.

March 13, 2001.

Attorney(s) appearing for the Case

David P. Schott, District Counsel, Monterey, CA, Thomas H. Clarke, Jr., Ropers, Majeski, Kohn & Bentley, Redwood City, CA, for plaintiff.

Thomas H. Pacheco, Environmental Defense Section, U.S. Department of Justice, San Francisco, CA, for defendants.

ORDER RE MOTIONS FOR SUMMARY JUDGMENT

WHYTE, District Judge.

The cross-motions for summary judgment in this matter, brought pursuant to Rule 56 of the Federal Rules of Civil Procedure, were heard by the court on September 1, 2000. The court has read the moving and responding papers1 and heard the argument of counsel. For the reasons set forth below, the court grants the District's motion regarding jurisdiction and denies the...

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