The CITY OF NEW YORK on behalf of itself and all other similarly situated municipalities within the State of New York, City of Detroit, (Party Plaintiff),
v.
Russell B. TRAIN, as administrator of the United States Environmental Protection Agency, Appellant.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued November 2, 1973.
Decided January 23, 1974.
Certiorari Granted April 29, 1974.
Attorney(s) appearing for the Case
Edmund W. Kitch, Atty., Dept. of Justice, with whom Irving Jaffe, Acting Asst. Atty. Gen., Harold H. Titus, Jr., U. S. Atty., and Walter H. Fleischer, Atty., Dept. of Justice, were on brief for appellant.
Evan A. Davis, Asst. Corp. Counsel, New York City, for the City of New York, of the bar of the Court of Appeals of New York, pro hac vice by special leave of court with whom John R. Thompson, New York City, and James R. Atwood, Washington, D. C., were on the brief, for appellee.
Robert E. Killian, Atty. Gen. of the State of Connecticut filed a brief on behalf of the State of Connecticut, as amicus curiae.
Nicholas C. Yost, Deputy Atty. Gen. of the State of California filed a brief on behalf of the State of California, as amicus curiae.
Before TAMM, ROBINSON and WILKEY, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
TAMM, Circuit Judge:
This suit was brought as a class action by the City of New York (hereafter "City") on behalf of itself and all other similarly situated municipalities within the State of New York. The defendant below was Mr. Russell B. Train, Administrator of the Environmental Protection Agency1 (hereafter, "The Administrator"). The City of Detroit, Michigan, was granted leave to intervene...
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