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SIMONS v. GORSUCH

Nos. 82-2634, 83-1072.

715 F.2d 1248 (1983)

Edward E. SIMONS, et al., Plaintiffs-Appellants, v. Anne M. GORSUCH, Administrator of Environmental Protection Agency of the U.S.A., et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided August 30, 1983.

Attorney(s) appearing for the Case

Daniel F. Snyder, Debardeleben & Snyder, Park Falls, Wis., for plaintiffs-appellants.

Michael E. Perino, Mulcahy & Wherry, S.C., Madison, Wis., Robert L. Klarquist, Dept. of Justice, Washington, D.C., Walter Kuhlmann, Boardman Suhr, Curry & Field, Madison, Wis., for defendants-appellees.

Before CUDAHY and POSNER, Circuit Judges, and ROSENN, Senior Circuit Judge.

CUDAHY, Circuit Judge.

This is an appeal of a summary judgment in favor of the defendants in an action for declaratory and injunctive relief against the construction of a sewage treatment facility in the vicinity of land owned by the plaintiffs-appellants. That appeal has been consolidated with an appeal from a denial of the appellants' motion to vacate judgment for fraud and misrepresentation, pursuant to Rule 60(b) of the Federal Rules of Civil Procedure. On appeal...

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