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ENVIRONMENTAL CONSERVATION v. CITY OF DALLAS

No. 07-10583.

529 F.3d 519 (2008)

ENVIRONMENTAL CONSERVATION ORGANIZATION, Plaintiff-Appellant, v. CITY OF DALLAS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 27, 2008.

Attorney(s) appearing for the Case

Frederick W. Addison, III (argued), Nolan Cornelius Knight, Munsch, Hardt, Kopf & Harr, Dallas, TX, for Plaintiff-Appellant.

Barbara Elaine Rosenberg (argued), James Bickford Pinson, Asst. City Atty., David E. Howe, City Atty's Office, Jean M. Flores, James D. Payne, Michael R. Goldman, Guida, Slavich & Flores, Dallas, TX, for Defendant-Appellee.

R. Justin Smith (argued), U.S. Dept. of Justice, Environment & Natural Resources Div., Washington, DC, for Amicus Curiae, U.S.

Before DAVIS and SOUTHWICK, Circuit Judges, and DRELL, District Judge.

SOUTHWICK, Circuit Judge:

The Environmental Conservation Organization appeals the dismissal of its Clean Water Act citizen suit against the City of Dallas, Texas, arguing that the district court erroneously concluded that its suit was barred under the doctrine of res judicata. We agree that the citizen suit should have been dismissed, but not for the reasons given by the district court. We hold that the citizen suit became moot prior to the district court's entry...

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