OPINION
FITZGERALD, Chief Judge.
In this case, the United States of America (the government) seeks damages for defendant's (Tom-Kat's) alleged violations of § 301(a) of the Clean Water Act (CWA or Act), 33 U.S.C. § 1311(a), brought about during Tom-Kat's operation of a placer mine near Ferry, Alaska. On September 19, 1984, Tom-Kat filed a motion for summary judgment as to both liability and damages. On November 7, 1984, the government cross-moved...
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