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    BORDEN RANCH PARTNERSHIP and ANGELO K.
    TSAKOPOULOS, PETITIONERS     v. UNITED
    STATES ARMY CORPS OF ENGINEERS
    and ENVIRONMENTAL PROTECTION
    AGENCY

    on writ of certiorari to the united states court of
    appeals for the ninth circuit

    [December 16, 2002]

         Per Curiam.

         The judgment is affirmed by an equally divided Court.

         Justice Kennedy took no part in the consideration or decision of this case.

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