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WATERKEEPERS NO. CAL. v. AG INDUSTRIAL MFG.

Nos. 03-15023, 03-15631.

375 F.3d 913 (2004)

WATERKEEPERS NORTHERN CALIFORNIA, a non-profit corporation dba Deltakeeper; Bill Jennings, Plaintiffs-Appellants, v. AG INDUSTRIAL MANUFACTURING INC.; Claude E. Brown, Defendants-Appellees. Waterkeepers Northern California, a non-profit corporation dba Deltakeeper; Bill Jennings, Plaintiffs-Appellees, v. AG Industrial Manufacturing Inc.; Claude E. Brown, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed July 16, 2004.

Attorney(s) appearing for the Case

Andrew L. Packard, Eric Wildgrube and Katharine Essick, Law Offices of Andrew L. Packard, and Leo O'Brien and Shana Lazerow, WaterKeepers Northern California, San Francisco, CA, for the plaintiffs-appellants.

Dennis M. Hauser, Hauser & Mouzes, Woodbridge, CA, for the defendants-appellees.

Dennis M. Hauser, Hauser & Mouzes, Woodbridge, CA, for the defendants-appellants.

Robert S. Perlmutter and Erin Ryan, Shute, Mihaly & Weinberger LLP, Andrew L. Packard, and Leo O'Brien and Shana Lazerow, WaterKeepers Northern California, San Francisco, CA, for the plaintiffs-appellees.

Before: B. FLETCHER, REINHARDT, Circuit Judges, and RESTANI, Chief IT Judge.

BETTY B. FLETCHER, Circuit Judge.

Plaintiffs WaterKeepers Northern California and Bill Jennings (collectively, "WaterKeepers") appeal the district court's dismissal of their Clean Water Act suit for lack of jurisdiction. Defendants AG Industrial Manufacturing and Claude E. Brown (collectively, "AG Industrial") cross-appeal the district court's denial of their motion as prevailing parties for attorney's fees. We have jurisdiction pursuant to 28 U.S.C. § 1291,...

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