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PEOPLE OF STATE OF ILL. v. CITY OF MILWAUKEE

No. 77-2246.

599 F.2d 151 (1979)

PEOPLE OF the STATE OF ILLINOIS, Plaintiff-Appellee, and People of the State of Michigan, Intervening Plaintiff-Appellee, v. CITY OF MILWAUKEE, the Sewerage Commission of the City of Milwaukee, and the Metropolitan Sewerage Commission of the County of Milwaukee, Defendant-Appellants.

United States Court of Appeals, Seventh Circuit.

Submitted After Supplemental Briefing October 12, 1978.

Decided April 26, 1979.

Rehearing and Rehearing Denied June 14, 1979.

Attorney(s) appearing for the Case

Elwin J. Zarwell, Milwaukee, Wis., for defendants-appellants.

Thomas J. Emery, Asst. Atty. Gen., Lansing, Mich., Joseph V. Karaganis, Chicago, Ill., William J. Scott, Atty. Gen., Chicago, Ill., for plaintiff-appellee.

Before FAIRCHILD, Chief Judge, TONE, Circuit Judge, and HARPER, Senior District Judge.

Rehearing and Rehearing En Banc Denied June 14, 1979.

TONE, Circuit Judge.

The State of Illinois filed this action under the federal common law of nuisance to enjoin the City of Milwaukee and the Sewerage Commissions of the City and County of Milwaukee1 from discharging raw sewage and inadequately treated sewage into Lake Michigan.2 Illinois alleged and undertook

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