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GILL v. LDI

No. C97-461Z.

19 F.Supp.2d 1188 (1998)

Stephen GILL; Dianne Gill; and Doris Hall, Plaintiffs, v. LDI; Wayne L. Schuett; and, Norma Jean Schuett, and the marital community composed thereof, Defendants.

United States District Court, W.D. Washington.

June 29, 1998.

Attorney(s) appearing for the Case

Richard A. Smith, Smith & Lowney, PLLC, Seattle, WA, for Plaintiffs.

Cedric Thomas Tuohy, Tuohy & Minor, Everett, WA, for Defendants.

ORDER GRANTING PLAINTIFF'S MOTIONS FOR SUMMARY JUDGMENT ON LIABILITY

ZILLY, District Judge.

THIS MATTER comes before the court on plaintiffs' motions for summary judgment on their claim that defendant has violated the Clean Water Act of 1972, 33 U.S.C. § 1251 et seq. ("CWA"), and on pendent state trespass and nuisance claims. Plaintiffs claim that defendant's quarry operation adjacent to their property has trespassed on their property by polluting...

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