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OHIO ENVIRONMENTAL COUN. v. U.S. DIST. COURT, ETC.

No. 76-2581.

565 F.2d 393 (1977)

The OHIO ENVIRONMENTAL COUNCIL, Petitioner, v. UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF OHIO, EASTERN DIVISION, and Columbus and Southern Ohio Electric Company, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided November 4, 1977.

Attorney(s) appearing for the Case

A. Mark Segreti, Jr., Segreti & Tousey, Columbus, Ohio, for petitioner.

A. G. Green, President and Chairman of Board of Directors, Columbus and Southern Ohio Elec. Co., Columbus, Ohio, J. Jeffrey McNealey, Porter, Stanley, Platt & Arthur, Columbus, Ohio, for respondents.

Before CELEBREZZE, PECK and ENGEL, Circuit Judges.

JOHN W. PECK, Circuit Judge.

The Ohio Environmental Council has petitioned this Court to issue a writ of mandamus directing the District Court to enter a judgment ordering Columbus & Southern Ohio Electric Company to comply with the fuel boiler emission limitations in Ohio's plan for implementation of national ambient air standards under the Clean Air Act, 42 U.S.C. § 1857 et seq.* The District Court entered a stay of Clean...

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