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HIGGINBOTHAM v. BARRETT

No. 72-1526.

473 F.2d 745 (1973)

R. J. HIGGINBOTHAM and Mrs. Mary S. Dennis, Plaintiffs-Appellants, v. E. W. BARRETT and E. P. Ellison et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 14, 1973.

Attorney(s) appearing for the Case

Moreton Rolleston, Jr., Atlanta, Ga., for plaintiffs-appellants.

A. Sidney Parker, Marietta, Ga., John W. Stokes, Jr., U. S. Atty., Eugene A. Medori, Jr., Asst. U. S. Atty., Atlanta, Ga., Glen R. Goodsell, Jacques B. Gelin, Attys., Kent Frizzell, Asst. Atty. Gen., Land & Natural Resources Div., Dept. of Justice, Washington, D. C., for defendants-appellees.

Before GEWIN, BELL and GODBOLD, Circuit Judges.

BELL, Circuit Judge:

This appeal is from the dismissal of a suit seeking injunctive and declaratory relief against the Commissioners of Cobb County, Georgia, the County Engineer, and the Regional Administrator of the Environmental Protection Agency (EPA).

Plaintiffs reside on property adjacent to property as to which an application was pending to rezone it from residential to apartment use. They contended that no public sewerage facilities were available for...

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