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McGOWN v. U.S.

No. N 89-0103 C.

747 F.Supp. 539 (1990)

Ricky Lee McGOWN, Plaintiff, v. UNITED STATES of America, et al., Defendants.

United States District Court, E.D. Missouri, N.D.

October 5, 1990.

Attorney(s) appearing for the Case

Richard A. Mueller, Edwin G. Harvey, John G. Medler, Jr., Coburn, Croft & Putzell, St. Louis, Mo., for plaintiff.

Joseph B. Moore, Asst. U.S. Atty., St. Louis, Mo., Craig D. Galli, U.S. Dept. of Justice, Land & Natural Resources Div., Environmental Defense Section, Washington, D.C., William H. Ward, Office of Regional Counsel, U.S. EPA Region VII, Kansas City, Kan., Angela Bennett, Office of Counsel, U.S. Army Corps of Engineers/Kansas City Dist., Kansas City, Mo., for defendants.

MEMORANDUM

GUNN, District Judge.

This matter is before the Court on defendants' motion to dismiss plaintiff's complaint.

Plaintiff, Ricky Lee McGown (McGown), brings the instant action seeking a declaration that a cease and desist order issued by the United States Army Corps of Engineers (the Corps) to enjoin alleged violations of section 404 of the Clean Water Act (the CWA), 33 U.S.C. § 1344, is void. Plaintiff has named the United States of...

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