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BACCARAT FREMONT DEV. v. U.S. ARMY CORPS OF ENGIN.

No. C 02-3317 CW.

327 F.Supp.2d 1121 (2003)

BACCARAT FREMONT DEVELOPERS, Plaintiff, v. U.S. ARMY CORPS OF ENGINEERS, et al., Defendants.

United States District Court, N.D. California.

August 11, 2003.

Attorney(s) appearing for the Case

David H. Blackwell, Robert R. Moore, Allen Matkins Leck Gamble & Mallory LLP, San Francisco, CA, for Baccarat Fremont Developers, LLC, Plaintiff.

Azar Bolandgray, Deputy Attorney General, Oakland, CA, for San Francisco Regional Water Quality Control Board, State Water Resources Control Board, Celeste Cantu, Loretta K. Barsamian, Defendants.

James A. Coda, Office of the U.S. Attorney, San Francisco, CA, Jack M. Kerns, U.S. Army Corps of Engineers, Assist. Dist. Counsel, San Francisco, CA, Thomas H. Pacheo, Mark A. Rigau, Thomas S. Sansonetti, U.S. Dept. of Justice, Environmental & Natural Resources Div., San Francisco, CA, David W. Shapiro, Boies, Schiller & Flexner, LLP, Oakland, CA, for San Francisco District of U.S. Army Corps of Engineers, U.S. Army Corps of Engineers, Timothy S. O'Rourke, Defendants.

Allison D. Daniels, Erickson, Beasley, Hewitt & Wilson, Oakland, for City of Fremont, Defendant.

Jack M. Kerns, U.S. Army Corps of Engineers, Assistant District Counsel, San Francisco, for San Francisco District of U.S. Army Corps of Engineers, U.S. Army Corps of Engineers, Timothy S. O'Rourke, Defendants.

ORDER GRANTING FEDERAL DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

WILKEN, District Judge.

Defendants United States Army Corps of Engineers and Lt. Col. Timothy O'Rourke (Federal Defendants) move for summary judgment. Plaintiff Baccarat Fremont Developers (Baccarat) opposes this motion. The matter was heard on March 14, 2003. Having considered all of the papers filed by the parties and oral argument on the motion, the Court GRANTS Federal Defendants' motion...

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