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NEW ENGLAND LEGAL FOUNDATION v. COSTLE

No. 1595, Docket 79-6202.

666 F.2d 30 (1981)

NEW ENGLAND LEGAL FOUNDATION et al., Plaintiffs-Appellants, v. Douglas M. COSTLE et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 24, 1981.

Attorney(s) appearing for the Case

Wayne S. Henderson, Boston, Mass. (Kenneth O. Decko and John R. Rathgeber, Hartford, Conn., on the brief), for plaintiffs-appellants.

Robert F. Brooks, Richmond, Va. (W. Taylor Reveley, III, Robert M. Rolfe, and Hunton & Williams, Richmond, Va., Edward J. Walsh, Jr., Mineola, N. Y., on the brief), for defendant-appellee Long Island Lighting Co.

Mary L. Lyndon, Asst. Atty. Gen., State of N. Y., New York City (Robert Abrams, Atty. Gen., Shirley A. Siegel, Sol. Gen., and Marcia J. Cleveland, Asst. Atty. Gen., New York City, on the brief), for intervenor-appellee State of N. Y.

Before TIMBERS and KEARSE, Circuit Judges, and WERKER, District Judge.

PER CURIAM:

This appeal, originally argued in our Court in April 1980, was from a judgment entered in the District of Connecticut, Jon O. Newman, Circuit Judge, sitting by designation, which dismissed, for failure to state a claim on which relief could be granted, appellants' complaint seeking declaratory and injunctive relief against the Administrator and Regional II Administrator of the Environmental Protection Agency (EPA) and against the Long Island Lighting...

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