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CITY OF NEW BRUNSWICK v. BOROUGH OF MILLTOWN

No. 81-2906/7.

686 F.2d 120 (1982)

CITY OF NEW BRUNSWICK, Appellee, v. BOROUGH OF MILLTOWN and the Middlesex County Utilities Authority (formerly Middlesex County Sewerage Authority), Appellants. and The MIDDLESEX COUNTY UTILITIES AUTHORITY (formerly the Middlesex County Sewerage Authority), Appellant, v. The UNITED STATES of America, By and Through its ENVIRONMENTAL PROTECTION AGENCY, Appellee.

United States Court of Appeals, Third Circuit.

Decided July 22, 1982.

Attorney(s) appearing for the Case

Milton B. Conford, Francis X. Journick, Woodbridge, N. J., of counsel; Wilentz, Goldman & Spitzer, P.C., Woodbridge, N. J., for appellant Middlesex County Utilities Authority.

Arnold K. Mytelka, Roger S. Clapp, Clapp & Eisenberg, P.C., Newark, N. J., Robert S. Seguin, Booream & Seguin, Milltown, N. J., for appellant Borough of Milltown.

Carol E. Dinkins, Asst. Atty. Gen., Donald W. Stever, Jr., Edward J. Shawaker, Rosanne Mayer, Dept. of Justice, Washington, D. C., Robert M. Perry, Gen. Counsel, Lee DeHihns, E. P. A., Washington, D. C., for appellee E. P. A.

James M. Cahill, Asst. City Atty., New Brunswick, N. J., for appellee City of New Brunswick.

Before GARTH and BECKER, Circuit Judges, and FULLAM, District Judge.

OPINION OF THE COURT

GARTH, Circuit Judge.

In this appeal we are presented with two questions. The first is whether the Environmental Protection Agency ("EPA") acted within its authority in withholding federal grant funds from the Middlesex County Utilities Authority ("MCUA") on the ground that the Borough of Milltown, whose sewage is treated by the MCUA's plant at Sayreville, New Jersey, has not adopted a system of user charges as required by the Federal...

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