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DUARTE NURSERY v. U.S. ARMY CORPS OF ENGINEERS

No. CIV. S-13-2095 LKK/DAD.

17 F.Supp.3d 1013 (2014)

DUARTE NURSERY, INC., a California Corporation; and John Duarte, an individual, Plaintiffs, v. UNITED STATES ARMY CORPS OF ENGINEERS, et al., Defendants.

United States District Court, E.D. California.

Filed April 23, 2014.

Attorney(s) appearing for the Case

Anthony L. Francois , Pacific Legal Foundation, Sacramento, CA, for Plaintiffs.

Andrew J. Doyle , John Thomas H. Do , Govt., United States Department of Justice, Washington, DC, Kristin B. Peer , Deputy Attorney General, Natural Resources Law Section, Office of the Attorney General, Sacramento, CA, for Defendants.

ORDER

LAWRENCE K. KARLTON, Senior District Judge.

Plaintiffs own the property that is the subject of this action, and operate it as a nursery growing and selling nursery stock to farmers and others. Complaint (ECF No. 1) ¶ 7.

On February 25, 2013, defendant U.S. Army Corps of Engineers ("Corps") wrote to plaintiff, stating that it had "determined that you have discharged dredged or fill material...

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