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U.S. v. CITY OF DETROIT

No. CIV.77-71100.

288 F.Supp.2d 836 (2003)

UNITED STATES of America, et al., Plaintiffs, v. CITY OF DETROIT, et al., Defendants.

United States District Court, E.D. Michigan, Southern Division.

October 22, 2003.

Attorney(s) appearing for the Case

Jon M. Lipshultz, U.S. Dept. of Justice, Environment & Natural Resources, Washington, D.C., for Plaintiff.

Joseph Basta, For City of Detroit and DWSD, Dykema Gossett, Detroit, John Leone, For State of Michigan, Michigan Dept of Attorney General, Natural Resources Division, Lansing, for Defendants.

OPINION AND ORDER

FEIKENS, District Judge.

INTRODUCTION

On November 22, 2000, I ordered the Army Corps of Engineers (Corps) to accept dredged materials from Conner Creek at its Confined Disposal Facility (CDF) at Pointe Mouillee. The Corps appealed. On remand, the en banc court for the United States Court of Appeals for the Sixth Circuit has ordered me to rule on the following issues: (1) whether Detroit could have sued the Corps under the...

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