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GOLDEN GATE AUDUBON SOC. v. U.S. ARMY CORPS OF ENG.

No. C 87-6063 TEH.

717 F.Supp. 1417 (1988)

GOLDEN GATE AUDUBON SOCIETY, INC., a nonprofit corporation; Save San Francisco Bay Assoc., a Nonprofit Corp.; Sierra Club, Inc., a nonprofit corp., v. UNITED STATES ARMY CORPS OF ENGINEERS; John O. Marsh, Secretary of the Army; Gelen Yanigahara, District Engineer, San Francisco District; U.S. Environmental Protection Agency; Lee Thomas, Administrator, U.S. Environmental Protection Agency; City of Oakland; Port of Oakland; Board of Port Commissioners.

United States District Court, N.D. California.

June 21, 1988.

Attorney(s) appearing for the Case

Alan Waltner, Thomas R. Gorman, Gorman & Waltner, Oakland, Cal., Zach Cowan, San Francisco, Cal., for plaintiffs.

Francis B. Boone, Asst. U.S. Atty., San Francisco, Cal., Gail Cooper, Office of the General Counsel, U.S. E.P.A., Karen L. Egbert, Environmental Defense Section, Washington, D.C., for defendants.

AMENDED ORDER

THELTON E. HENDERSON, District Judge.

This matter comes before the Court on defendant Port of Oakland's (hereafter "Port") motion to dismiss, various federal defendants' motion to dismiss and stay discovery, and plaintiffs' motion for summary judgment on their second cause of action. After careful consideration of the parties' papers and oral arguments, including motions for clarification, the Court vacates the Corps' prior jurisdictional disclaimer...

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