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SABOE v. STATE OF OR.

Civ. No. 92-1025-HO.

819 F.Supp. 914 (1993)

Laverne and Pat SABOE, et al., Plaintiffs, v. STATE OF OREGON, et al., Defendants.

United States District Court, D. Oregon.

February 8, 1993.

Attorney(s) appearing for the Case

Michael E. Haglund and Michael K. Kelley, Haglund & Kirtley, Portland, OR, for plaintiffs.

William F. Cloran, Dept. of Justice, Trial Div., Salem, OR, for defendants State of Oregon, Dept. of Transp., Highway Div., and State Lands Div.

Herbert G. Grey and W.A. Jerry North, Schwabe, Williamson & Wyatt, Portland, OR, for defendant Gen. Const. Co.

Philip R. McConville and John F. Kilcullen, Brown, Roseta, Long & McConville, Eugene, OR, for defendant Donald B. Murphy Contractors.

John S. Folawn, Homes, Folawn & Rickles, Portland, OR, for defendant JC Enterprises, Inc.

ORDER

HOGAN, District Judge.

Plaintiffs allege a single cause of action under the Federal Water Pollution Control Act, (the "Clean Water Act" or "CWA"), 33 U.S.C. § 1251 et seq., and seven pendent state claims.

The state defendants filed "Federal Rule of Civil Procedure Rule 12 Motions" (# 16), which is comprised of 17 separate rule 12 motions.1 Motion # 1 is a motion to dismiss plaintiffs' federal claim under the...

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