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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND ENVIRONMENTAL INTEGRITY PROJECT, ET AL. v. MIRANT CORPORATION, ET AL. * * * * Civil No. JFM-06-2249 * * ***** ORDER

For the reasons stated in the accompanying memorandum to counsel, it is, this 3d day of January 2007 ORDERED 1. Defendants' motion to dismiss is treated as one to dismiss for lack of subject matter jurisdiction; and 2. This action is dismissed for lack of subject matter jurisdiction.

/s/ J. Frederick Motz United States District Judge



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