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ENVIRONMENTAL DEFENSE FUND, INC. v. LAMPHIER

No. 82-1631.

714 F.2d 331 (1983)

ENVIRONMENTAL DEFENSE FUND, INC., Chesapeake Bay Foundation, Inc., Plaintiffs, and Commonwealth of Virginia, ex rel. State Board of Health, State Health Commissioner, Plaintiff-Intervenor, Appellees, v. James LAMPHIER, Mrs. James (Janet A.) Lamphier, Defendants, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided August 4, 1983.

Attorney(s) appearing for the Case

Richard R. Nageotte, Woodbridge, Va. (Nageotte, Borinsky & Zelnick, Woodbridge, Va., on brief), for appellants.

Timothy G. Hayes, Environmental Defense Fund, Patrick A. O'Hare, Sr. Asst. Atty. Gen., Richmond, Va. (Jeter M. Watson, Chesapeake Bay Foundation, Ashland, Va., on brief), for appellees.

Before WINTER, Chief Judge, and MURNAGHAN and ERVIN, Circuit Judges.

ERVIN, Circuit Judge:

The cause of this appeal is a judgment by the district court holding that the defendants violated state and federal antipollution laws and committed a common law nuisance. We discern no merit in the assorted contentions on appeal, and accordingly we affirm.

I.

James and Janet Lamphier are co-owners of a farm in Culpeper County, Virginia. Since 1974 the farm has been headquarters for "Jim's Liquid Waste," a sole proprietorship...

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