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ASSN. OF IRRITATED RESIDENTS v. FRED SCHAKEL DAIRY

No. 1:05-CV-00707 OWW SMS.

460 F.Supp.2d 1185 (2006)

ASSOCIATION OF IRRITATED RESIDENTS, an Unincorporated Association, Plaintiff, v. FRED SCHAKEL DAIRY, a California Proprietorship, Fred Schakel, owner and operator, Schakel Family Partnership, a California Limited Partnership, owner and operator, AG Resources III, a California Limited Liability Company, owner and, South Lakes Dairy, a California General Partnership, owner and operator, Defendants.

United States District Court, E.D. California.

October 27, 2006.

Attorney(s) appearing for the Case

Brent Joseph Newell, San Francisco, CA, for Plaintiff.

David Ray Albers, Albers Barnes and Kohler LLP, Bakersfield, CA, for Defendants.

MEMORANDUM DECISION AND ORDER DENYING DEFENDANTS' MOTION TO DISMISS; DENYING DEFENDANTS' MOTION TO STAY WITHOUT PREJUDICE

WANGER, District Judge.

1. INTRODUCTION

Defendants move to dismiss or, in the alternative, to stay the instant action brought by Plaintiffs Association of Irritated Residents' ("AIR") alleging violations of the federal Clean Air Act ("CAA"). (Doc. 87, Mot. To Dismiss, Filed August 4, 2004.) AIR opposes the...

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