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UNITED STATES v. CITY OF PAINESVILLE

No. C76-324.

431 F.Supp. 496 (1977)

UNITED STATES of America, Plaintiff, v. CITY OF PAINESVILLE, Defendant.

United States District Court, N. D. Ohio, E. D.

January 19, 1977.

Attorney(s) appearing for the Case

Peter R. Taft, Asst. Atty. Gen., Land Natural Resources Div., Alfred T. Ghiorzi, Chief, Pollution Control Section, Michael P. Carlton, Atty., Pollution Control Section, Washington D. C., Joseph A. Cipollone, Asst. U.S. Atty., Cleveland, Ohio, for plaintiff.

Charles E. Cannon, Milburn, Cannon, Stern & Aveni, Painesville, Ohio, for defendant.

MEMORANDUM AND ORDER

MANOS, District Judge.

On April 2, 1976 the plaintiff, the United States of America, filed a complaint requesting that the defendant, the City of Painesville, a municipal corporation, be enjoined from operating a steam generating coal fired power unit in violation of the Clean Air Act, 42 U.S.C. § 1857c-6(e) and the Standards of Performance For New Stationary Sources, promulgated thereunder. See, 40 C.F.R. Part 60. The defendant...

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