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UNION ELEC. CO. v. ENVIRONMENTAL PROTECTION AGENCY

No. 78-1357.

593 F.2d 299 (1979)

UNION ELECTRIC COMPANY, Appellee, v. ENVIRONMENTAL PROTECTION AGENCY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 20, 1979.

Rehearing and Rehearing Denied March 15, 1979.

Attorney(s) appearing for the Case

William H. Ferrell of Schlafly, Griesedieck, Ferrell & Toft, St. Louis, Mo., for appellee; James J. Virtel, Jerry B. Wamser, St. Louis, Mo., on the brief.

Martin Green, Atty., Dept. of Justice, Washington, D. C., for appellant; Sanford Sagalkin, Deputy Asst. Atty. Gen., Washington, D. C., Robert D. Kingsland, U. S. Atty., Joseph B. Moore, Asst. U. S. Atty., St. Louis, Mo., George R. Hyde, Barbara Brandon, Attys. Dept. of Justice, Washington, D. C., on the brief; Joan Z. Bernstein, Gen. Counsel, Ronald C. Hausmann, Atty., Environmental Protection Agency, Washington, D. C., of counsel.

Before LAY and HEANEY, Circuit Judges, and HANSON, Senior District Judge.

Rehearing and Rehearing En Banc Denied March 15, 1979.

HEANEY, Circuit Judge.

The Environmental Protection Agency appeals from a judgment of the United States District Court for the Eastern District of Missouri which enjoined the EPA from instituting an enforcement proceeding under the Clean Air Act, 42 U.S.C. § 7401 et seq, against the Union Electric Company or its officers while that Company is actively and in good faith pursuing a revision or...

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