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AMERICAN CANOE ASS'N v. MURPHY FARMS

No. 04-2052.

412 F.3d 536 (2005)

AMERICAN CANOE ASSOCIATION, Incorporated; Professional Paddlesports Association; The Conservation Council of North Carolina, Incorporated, Plaintiffs-Appellees, and United States of America, Plaintiff, v. MURPHY FARMS, INCORPORATED, d/b/a Murphy Family Farms; D.M. Farms of Rose Hill, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided June 21, 2005.

Attorney(s) appearing for the Case

ARGUED: Richard Edward Schwartz, Crowell & Moring, Washington, D.C., for Appellants. Carolyn Smith Pravlik, Terris, Pravlik & Millian, Washington, D.C., for Appellees. ON BRIEF: Kirsten L. Nathanson, Crowell & Moring, Washington, D.C.; Reef C. Ivey, II, Shanahan Law Group, Raleigh, North Carolina, for Appellants. Bruce J. Terris, Terris, Pravlik & Millian, Washington, D.C., for Appellees.

Before WIDENER, NIEMEYER, and LUTTIG, Circuit Judges.

Affirmed by published opinion. Judge LUTTIG wrote the opinion, in which Judge WIDENER and Judge NIEMEYER joined.

OPINION

LUTTIG, Circuit Judge.

Defendants-appellants Murphy Farms, Inc., and D.M. Farms of Rose Hill (collectively, "the Farms") appeal from the district court's order finding subject matter jurisdiction of a citizen suit brought under the Clean Water Act by plaintiffs-appellees American Canoe Association, Inc., Professional Paddlesports...

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