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NORTHWEST ENVIRONMENTAL ADVOCATES v. PORTLAND

No. 92-35044.

56 F.3d 979 (1995)

NORTHWEST ENVIRONMENTAL ADVOCATES, a Non-Profit Oregon Corporation; and Nina Bell, Plaintiffs-Appellants, v. CITY OF PORTLAND, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Opinion Filed December 10, 1993.

Opinion Withdrawn June 7, 1995.

Decided June 7, 1995.

Attorney(s) appearing for the Case

Patrick A. Parenteau, Perkins Coie, Portland, OR, for plaintiffs-appellants, Northwest Environmental Advocates and Nina Bell.

Terence L. Thatcher, Deputy City Atty., Portland, OR, for defendant-appellee, City of Portland.

Catherine M. Flanagan, U.S. Dept. of Justice, Washington, DC, for amicus.

Before: PREGERSON, KLEINFELD, Circuit Judges, and INGRAM, District Judge.

Opinion by Judge PREGERSON; Dissent by Judge KLEINFELD.

ORDER

The opinion and dissent filed December 10, 1993 is withdrawn.

OPINION

PREGERSON, Circuit Judge:

Northwest Environmental Advocates and Nina Bell ("NWEA") appeal the district court's judgment in favor of Portland on their claims that the City is violating the Clean Water Act ("CWA"), 33 U.S.C. § 1251 et seq. On April 16, 1991, NWEA filed suit in the district...

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