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HER MAJESTY THE QUEEN v. CITY OF DETROIT

Nos. 88-1217, 88-1268.

874 F.2d 332 (1989)

HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO; Ian G. Scott, Attorney General for Ontario; and James Bradley, Minister of the Environment of the Province of Ontario, Plaintiffs-Appellants (88-1217), The Detroit Audubon Society; the North Cass Community Union; the Sierra Club; and the Environmental Defense Fund, Plaintiffs-Appellants (88-1268), v. The CITY OF DETROIT; the Greater Detroit Resource Recovery Authority; and Combustion Engineering, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided May 2, 1989.

Attorney(s) appearing for the Case

Donnelly W. Hadden (argued), Donnelly W. Hadden, P.C., Detroit, Mich., Jeffrey K. Haynes, Vanderkloot & Haynes, P.C., Bloomfield Hills, Mich., for plaintiffs-appellants in No. 88-1217.

John D. Pirich (argued), Miller, Canfield, Paddock & Stone, Lansing, Mich., for Greater Detroit Resource Recovery Authority.

Kevin R. Sullivan, Stanley M. Gorinson, Pillsbury, Madison & Sutro, Washington, D.C., C. Douglas Floyd, Pillsbury, Madison & Sutro, San Francisco, Cal., Darryl F. Alexander, Susan Lynn Johnson, Detroit, Mich., for Combustion Engineering, Inc.

Mark Richardson, Detroit, Mich., Michale Herz, New York City, for plaintiffs-appellants in No. 88-1268.

Donald Pailen, City of Detroit Corporate Counsel, Detroit, Mich., for City of Detroit and Combustion Engineering, Inc.

Elizabeth S. Harris, Birmingham, Mich., for amicus curiae, East Michigan Environmental Action Council.

Deborah LaBelle, Thomas W. Stephens, Detroit, for amicus curiae, National Lawyers Guild.

Before: MILBURN and BOGGS, Circuit Judges, and CONTIE, Senior Circuit Judge.

MILBURN, Circuit Judge.

Plaintiffs-appellants in No. 88-1217 are the Canadian Province of Ontario, the Attorney General for Ontario, and the Minister of the Environment for Ontario (hereinafter collectively referred to as "Ontario"). Plaintiffs-appellants in No. 88-1268 are four nonprofit organizations concerned with the environment (hereinafter collectively referred to as "Detroit Audubon"). Defendants in both actions are the Greater Detroit Resource Recovery Authority...

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