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HOTEL EMP. ASS'N OF SAN FRANCISCO v. GORSUCH

No. 80-4413.

669 F.2d 1305 (1982)

HOTEL EMPLOYERS ASSOCIATION OF SAN FRANCISCO, Plaintiff/Appellant, v. Anne M. GORSUCH, as Administrator of Environmental Protection Agency, et al., Defendants/Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 24, 1982.

Attorney(s) appearing for the Case

J. C. Ladd, San Francisco, Cal., argued, for plaintiff/appellant; Jeffrey R. Williams, Steinhart, Falconer & Morgenstein, San Francisco, Cal., on brief.

William A. Barrett, Deputy City Atty., San Francisco, Cal., Thomas H. Pacheco, Washington, D.C., argued, for defendants/appellees; George Deukmejian, Atty. Gen., Francis B. Boone, Asst. U.S. Atty., San Francisco, Cal., on brief.

Before TRASK, SNEED and TANG, Circuit Judges.

TANG, Circuit Judge:

Hotel Employers Association of San Francisco appeals a summary judgment award entered against it in an action brought to invalidate the Environmental Protection Agency's approval of a system of sewer service charges adopted by the City and County of San Francisco. Two principal issues are raised: (1) did the district court err in holding that the EPA Administrator and the EPA's agents were not "arbitrary and capricious" in approving the City sewer...

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