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U.S. v. MOSELEY

No. N89-0107C.

761 F.Supp. 90 (1991)

UNITED STATES of America, Plaintiff, v. James Allen MOSELEY and Mary Ann Moseley, Defendants. James Allen MOSELEY and Mary Ann Moseley, Counterclaim Plaintiffs, v. UNITED STATES of America, Counterclaim Defendants.

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

April 11, 1991.

Attorney(s) appearing for the Case

Joseph B. Moore, Asst. U.S. Atty., St. Louis, Mo., William H. Ward, U.S. E.P.A., Region VII, Kansas City, Kan., Angela M. Bennett, U.S. Army Corps of Engineers, Kansas City Dist., Kansas City, Mo., Craig D. Galli, Rebecca A. Lloyd, U.S. Dept. of Justice, Land and Natural Resources Div., Environmental Defense Section, Washington, D.C., for plaintiff.

Marjorie M. Kesl, John F. Arens, Richard P. Alexander, Fayetteville, Ark., for defendants.

MEMORANDUM

GUNN, District Judge.

This matter is before the Court on the Government's motion to dismiss Counts I and II of defendants' counterclaim. In Count I the Moseleys seek a declaration that the assertion of Clean Water Act jurisdiction over their land by the United States Army Corps of Engineers (Corps) and the United States Environmental Protection Agency (EPA) has temporarily deprived them of the use of their property without compensation in violation...

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