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Telford Borough Authority v. United States Environmental Protection Agency

United States District Court, Third Circuit

November 15, 2013

TELFORD BOROUGH AUTHORITY, Plaintiff,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al., Defendants.

ORDER

C. DARNELL JONES, II, District Judge.

AND NOW, this 15th day of November, IT IS HEREBY ORDERED:

1.) Defendants' motion to dismiss, (Doc. No. 12), is GRANTED IN PART and DENIED IN PART.
2.) The motion to dismiss Count I of the complaint will be GRANTED. Count I of the complaint will be DISMISSED WITH PREJUDICE.
3.) The motion to dismiss Count IV of the complaint will be DENIED WITHOUT PREJUDICE. The court will GRANT the parties LEAVE TO ENGAGE IN LIMITED DISCOVERY on the issue of subject matter jurisdiction. Discovery on this matter shall be completed on or before January 15, 2014.

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