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CITY OF SEABROOK v. COSTLE

No. 80-2103.

659 F.2d 1371 (1981)

CITY OF SEABROOK, Plaintiff, Richard D. Rogan, et al., Plaintiffs-Appellants, v. Douglas M. COSTLE, Administrator, Environmental Protection Agency, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A

October 30, 1981.

Attorney(s) appearing for the Case

James M. Scott, Jr., Sugarland, Tex., for plaintiffs-appellants.

Jose R. Allen, Dept. of Justice, Pollution Control Section, Washington, D. C., for defendant-appellee.

Before REAVLEY, RANDALL and SAM D. JOHNSON, Circuit Judges.

REAVLEY, Circuit Judge:

Plaintiffs brought this action in federal district court pursuant to § 304(a)(2) of the Clean Air Act, 42 U.S.C. § 7604(a)(2) (Supp. III 1979), to compel the Administrator of the Environmental Protection Agency to perform allegedly nondiscretionary duties imposed by the Act. The district court dismissed the suit for lack of subject matter jurisdiction. Plaintiffs appeal. We affirm.

This suit is a companion to the petitions...

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