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MIDDLESEX CTY. UTILITIES AUTH. v. BOR. OF SAYREVILLE

No. 82-5116.

690 F.2d 358 (1982)

MIDDLESEX COUNTY UTILITIES AUTHORITY v. BOROUGH OF SAYREVILLE, et al., Appellants, v. William French SMITH, United States Attorney General, et al.

United States Court of Appeals, Third Circuit.

Decided October 12, 1982.

Certiorari Denied March 7, 1983.

Attorney(s) appearing for the Case

William S. Greenberg, (argued), Greenberg, Kelley & Prior, Trenton, N. J., for appellants.

Milton B. Conford, (argued), Wilentz, Goldman & Spitzer, P. C., Woodbridge, N. J., Lee A. DeHihns, III, Acting Asst. Gen. Counsel, U. S. Environmental Protection Agency, Rosanne Mayer, (argued), U. S. Dept. of Justice, Washington, D. C., for appellees.

Before GIBBONS and HUNTER, Circuit Judges, and POLLAK, District Judge.

Submitted under Rule 12(6) July 30, 1982.

Certiorari Denied March 7, 1983. See 103 S.Ct. 1273.

OPINION OF THE COURT

POLLAK, District Judge.

The Middlesex County Utilities Authority ("MCUA") is a public body established, pursuant to New Jersey law, by the Board of Freeholders of Middlesex County.1 In 1954, MCUA entered into an Agreement with twenty-four municipalities and several industrial enterprises in Middlesex...

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