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UNITED STATES v. HEALY TIBBITTS CONST. CO.

No. C-83-3072.

607 F.Supp. 540 (1985)

UNITED STATES of America, Plaintiff, v. HEALY TIBBITTS CONSTRUCTION COMPANY, Defendant.

United States District Court, N.D. California.

April 19, 1985.

Attorney(s) appearing for the Case

Norman J. Ronneberg, Jr., Attorney, Torts Branch, Civil Division, U.S. Dept. of Justice, San Francisco, Cal., for plaintiff.

John E. Droeger, Henry D. Dicum, of Hall, Henry, Oliver & McReavy, San Francisco, Cal., for defendant.

AMENDED ORDER DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

VUKASIN, District Judge.

Introduction

The question before the Court on defendant's motion for summary judgment is whether actions brought by the United States pursuant to the Federal Water Pollution Control Act ["FWPCA"], 33 U.S.C. § 1321, are subject to the statute of limitations contained in 28 U.S.C. § 2415 and, if so, which subdivision of that statute should properly...

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