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ATLANTIC STATES LEGAL FOUND. v. KOCH REFINING CO.

No. Civ. 4-87-364.

681 F.Supp. 609 (1988)

ATLANTIC STATES LEGAL FOUNDATION, INC. and Citizens for a Better Environment, Plaintiffs, v. KOCH REFINING COMPANY, Defendant.

United States District Court, D. Minnesota, Fourth Division.

March 9, 1988.

Attorney(s) appearing for the Case

Charles H. Nauen, Richard H. Plunkett, Opperman & Paquin, Minneapolis, Minn., for plaintiffs.

Larry D. Espel, James A. Payne, Popham, Haik, Schnobrich & Kaufman, Ltd., Minneapolis, Minn., for defendant.

Jerome G. Arnold, U.S. Atty., and Roylene A. Champeaux, Asst. U.S. Atty., Minneapolis, Minn., and Susan L. Schneider, Dept. of Justice, Washington, D.C., for the U.S.

MEMORANDUM AND ORDER

MacLAUGHLIN, District Judge.

This matter is before the Court on defendant's motion to dismiss and on plaintiffs' motion for consolidation. Defendant's motion will be denied. Plaintiffs' motion will be granted.

FACTS

This action is a citizen suit brought under section 505(a) of the Clean Water Act (Act), 33 U.S.C. § 1365(a). Plaintiff Atlantic States Legal Foundation (ASLF) is a non-profit New York corporation with...

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