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Published April 30, 2010, 02:23 PM

Farmer, Perdue file motion to dismiss runoff suit

BERLIN, Md. — Attorneys for Perdue Farms and an Eastern Shore grower have asked a federal judge to dismiss a Clean Water Act suit.

BERLIN, Md. — Attorneys for Perdue Farms and an Eastern Shore grower have asked a federal judge to dismiss a Clean Water Act suit.

They claim the suit filed March 1 in Baltimore by the Waterkeepers Alliance and the Assateague Coastkeeper contains allegations not included in a notice of intent to sue.

The December filing cited uncovered piles of poultry manure at the Berlin farm. State environmental officials later said the piles were sewage sludge used as fertilizer, which they said were moved away from a nearby drainage ditch.

Attorneys for Perdue and the Hudson Farm said the groups did not mention the piles in their suit, but water samples taken downstream from the farm. The plaintiffs responded that the sampling shows actions taken by the defendants were inadequate.

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