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UNITED STEELWORKERS OF AMERICA v. OREGON STEEL

No. 01-1379.

322 F.3d 1222 (2003)

UNITED STEELWORKERS OF AMERICA, Plaintiff-Appellant, v. OREGON STEEL MILLS, INC.; CF&I Steel, L.P., doing business as Rocky Mountain Steel Mills, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 3, 2003.

Attorney(s) appearing for the Case

Alice O'Brien (Jeremiah A. Collins of Bredhoff & Kaiser, Washington, DC, and Joseph M. Santarella, Jr., of Santarella Law Office, Littleton, CO, with her on the briefs), Bredhoff & Kaiser, Washington, DC, for Plaintiff-Appellant.

Joanne Herlihy (Eugene F. Megyesy, Jr., with her on the brief), Dufford & Brown, Denver, CO, for Defendants-Appellees.

Before HENRY and McKAY, Circuit Judges, and OBERDORFER, District Judge.

OBERDORFER, District Judge.

Plaintiff United Steelworkers of America ("USWA") brought this action under the citizen suit provision of the Clean Air Act ("CAA"), 42 U.S.C. § 7604, alleging that the CF&I Steel Mill in Pueblo, Colorado (the "Pueblo Mill") was operating in violation of certain CAA requirements. The District Court dismissed the two causes of action in USWA's amended complaint on separate jurisdictional grounds, and dismissed both claims against...

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