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MONTGOMERY ENVIRONMENTAL COALITION v. FRI

Civ. A. No. 1307-73.

366 F.Supp. 261 (1973)

MONTGOMERY ENVIRONMENTAL COALITION et al., Plaintiff, v. Dr. Robert W. FRI et al., Defendants.

United States District Court, District of Columbia, Civil Division.

October 31, 1973.

Attorney(s) appearing for the Case

Robert L. Ackerly, Washington, D. C., for plaintiffs.

Warren K. Rich, Sp. Asst. Atty. Gen., Dept. of Natural Resources, for Governor Marvin Mandel, Md. Dept. of Natural Resources, Md. Dept. of Health and Mental Hygiene and Md. Water Resources Admin.

Richard S. McKernon, County Atty., Montgomery County, Rockville Md., for Montgomery County Council.

C. Francis Murphy, Corporation Counsel, John C. Salyer and Iverson O. Mitchell, III, Asst. Corporation Counsel, Washington, D. C., for Mayor Walter E. Washington and D. C. Dept. of Environmental Services and the Environmental Protection Agency.

J. Eugene Cleary, Hyattsville, Md., for defendant Washington Suburban Sanitary Commission.

MEMORANDUM OPINION AND ORDER

JOHN LEWIS SMITH, Jr., District Judge.

This cause of action is based on violations of certain water quality standards which plaintiffs claim are actionable under the Federal Water Pollution Control Act Amendments of 1972 (1972 Act), 33 U.S.C. § 1251 et seq. (Supp. II, 1973). Plaintiffs, who comprise two community groups and the District of Columbia, bring this suit pursuant to the "Citizen Suits" provision of the 1972 Act...

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