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  5. 198 F.Supp.2d 1265 (2002)
 

SIERRA CLUB v. EL PASO GOLD MINES, INC.

No. 01-PC-2163.

198 F.Supp.2d 1265 (2002)

SIERRA CLUB and Mineral Policy Center, Plaintiffs, v. EL PASO GOLD MINES, INC. Defendant.

United States District Court, D. Colorado.

April 11, 2002.

Attorney(s) appearing for the Case

John M. Barth, Attorney at Law, Hygiene, CO, for plaintiffs.

James L. Merrill, Paul Gerard Anderson, Stephen Donnell Harris, Merrill, Anderson, King & Harris, Colorado Springs, CO, for defendant.

AMENDED MEMORANDUM OPINION AND ORDER

COAN, United States Magistrate Judge.

This is a citizen suit under the Clean Water Act, 33 U.S.C. § 1251— § 1387. Jurisdiction exists under 33 U.S.C. § 1365(a) and 28 U.S.C. § 1331. The parties have consented to determination of this case by a United States Magistrate Judge under 28 U.S.C. § 636(c). The matters before the court are: (1) El Paso Gold Mines, Inc.'s Motion to Dismiss...

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