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ASSOCIATED INDUSTRIES OF ALABAMA, INC. v. TRAIN

No. 75-2624.

543 F.2d 1159 (1976)

ASSOCIATED INDUSTRIES OF ALABAMA, INC., et al., Plaintiffs-Appellees, v. Russell E. TRAIN, Administrator, Environmental Protection Agency, et al., Defendants, State of Alabama, Movant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 13, 1976.

Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen. of Ala., Henry H. Caddell, Asst. Atty. Gen., Chief Environmental Prot. Div., David E. Dunn, III, Asst. Atty. Gen., Montgomery, Ala., for movant-appellant.

L. Murray Alley, Fournier J. Gale, III, Kibry Sevier, Birmingham, Ala., for Associated Ind.

Robert G. Tate, J. Ross Forman, III, Birmingham, Ala., for U.S. Steel Corp.

Wayman G. Sherrer, U.S. Atty., Birmingham, Ala., Patrick A. Mulloy, John J. Zimmerman, Land & Natural Resources, Lawrence E. Shearer, Wallace H. Johnson, Jacques B. Gelin, Dept. of Justice, Washington, D.C., for other interested parties.

Before RIVES, GEWIN and MORGAN, Circuit Judges.

GEWIN, Circuit Judge:

The genesis of this litigation is a suit against officials of the Environmental Protection Agency (EPA) by several Alabama industrial water-using companies. The plaintiffs in the underlying action sought inter alia an order invalidating certain EPA-promulgated water quality standards for Alabama. The State of Alabama, acting through its Attorney General, filed a motion to intervene in behalf of the federal

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