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WEST PENN POWER COMPANY v. TRAIN

No. 74-2050.

522 F.2d 302 (1975)

WEST PENN POWER COMPANY, a corporation, Appellant, v. Russell TRAIN, Administrator of the Environmental Protection Agency of the United States of America, et al.

United States Court of Appeals, Third Circuit.

Decided July 16, 1975.

As Amended August 15, 1975.

Attorney(s) appearing for the Case

Harold R. Schmidt, Lawrence A. Demase, and Edwin J. Strassburger, Rose, Schmidt & Dixon, Pittsburgh, Pa., and Thomas K. Henderson, Greensburg, Pa., for appellant.

Wallace H. Johnson, Asst. Atty. Gen., Edmund B. Clark, Martin Green, Attys., and John E. Varnum, Chief, App. Section, U. S. Dept. of Justice, Washington, D. C., for appellee Russell Train.

Barbara H. Brandon, Asst. Atty. Gen., Commonwealth of Pennsylvania, Harrisburg, Pa., for appellee Maurice K. Goddard and appellee Dept. of Environmental Resources of the Commonwealth of Pennsylvania.

Before VAN DUSEN, ADAMS and GARTH, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

This appeal challenges a June 19, 1974, district court order dismissing West Penn Power Company's amended complaint for lack of jurisdiction.1 The dismissed complaint sought injunctive and declaratory relief protecting West Penn from any duty to comply with the particulate and sulfur compound emission standards established as part of Pennsylvania's implementation plan

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