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E. I. du PONT de NEMOURS AND COMPANY v. TRAIN

No. 74-2237.

528 F.2d 1136 (1975)

E. I. du PONT de NEMOURS AND COMPANY et al., Appellants, v. Russell E. TRAIN, as Administrator, Environmental Protection Agency, and John R. Quarles, as Deputy Administrator, Environmental Protection Agency, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 30, 1975.

Certiorari Granted April 19, 1976.

Attorney(s) appearing for the Case

Robert C. Barnard, Washington, D.C. (Douglas E. Kliever and Charles F. Lettow, Cleary, Gottlieb, Steen & Hamilton, Washington, D.C., John L. Walker, Jr., Roanoke, Va., on brief), for appellants.

Kathryn A. Oberly, U.S. Atty. Dept. of Justice, Paul R. Thomson, Jr., Asst. U.S. Atty. (Wallace H. Johnson, Asst. Atty. Gen. Alan G. Kirk, II, Asst. Administrator for Enforcement and Gen. Counsel, Edmund B. Clark, Bruce J. Chasan, Attys., U.S. Dept. of Justice, Ray E. McDevitt, Atty., Environmental Protection Agency, on brief), for appellees.

Before RIVES and BREITENSTEIN Senior Circuit Judges, and WIDENER, Circuit Judge.

WIDENER, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Western District of Virginia dismissing appellants' action for lack of subject matter jurisdiction. Suit was filed in the district court by the appellants, eight chemical manufacturers, who sought review of certain regulations promulgated under the Federal Water Pollution Prevention and Control Act of 1972. 33 U.S.C. §...

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