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CONSUMERS POWER CO. v. COSTLE

No. 79-1334.

615 F.2d 1147 (1980)

CONSUMERS POWER COMPANY, A Michigan Corporation, Plaintiff-Appellant, v. Douglas M. COSTLE, Administrator of the United States Environmental Protection Agency, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 14, 1980.

Attorney(s) appearing for the Case

Lawrence B. Lindemer, Vice President and Gen. Counsel, W. E. Wisner, Jack D. Shumate, Jackson, Mich., for plaintiff-appellant.

James K. Robinson, U. S. Atty., Detroit, Mich., Lee DeHihns, III, General Counsel, EPA, Washington, D. C., Joshua I. Schwartz, U. S. Dept. of Justice, Washington, D. C., James W. Moorman, Asst. Atty. Gen., Dirk D. Snel, Atty., App. Section, Dept. of Justice, Washington, D. C., for defendant-appellee.

Before EDWARDS, Chief Judge, MERRITT, Circuit Judge and PECK, Senior Circuit Judge.

EDWARDS, Chief Judge.

The plaintiff in this case, Consumers Power Company, is one of two major public utilities in Michigan. It supplies both electricity and natural gas to home and industrial users in most of out-state Michigan. In this suit, filed against the Environmental Protection Agency, Consumers sought adjudication in the District Court of its claim that it was entitled to $5,000,000 out of the total of federal funds which had been granted by EPA to three...

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