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UNITED STATES v. PENNSYLVANIA ENVIRON., ETC.

No. 77-2041.

584 F.2d 1273 (1978)

UNITED STATES of America, Appellant, v. PENNSYLVANIA ENVIRONMENTAL HEARING BOARD, Robert Broughton, Paul E. Waters, and Ray A. Alberigi, Prothonotary of Lackawanna County, Appellees.

United States Court of Appeals, Third Circuit.

Decided August 14, 1978.

Attorney(s) appearing for the Case

James W. Moorman, Acting Asst. Atty. Gen., Washington, D. C., S. John Cottone, U. S. Atty., James W. Walker, Asst. U. S. Atty., Scranton, Pa., Raymond N. Zagone, Carl Strass, Attys., Dept. of Justice, Washington, D. C., for appellant.

Dennis Jay Harnish, Karin W. Carter, Asst. Attys. Gen., Harrisburg, Pa., for appellees.

Before HUNTER, WEIS and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge.

This appeal requires us to determine whether a private company operating under federal contract is a federal "department, agency or instrumentality" for the purposes of section 313 of the Federal Water Pollution Control Act Amendments of 1972 (Act).1 That provision requires inter alia that a federal "department, agency or instrumentality" comply with State and local pollution...

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