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MENZEL v. COUNTY UTILITIES CORP.

No. 82-1677.

712 F.2d 91 (1983)

Martha M. MENZEL; Mary B. Rice, Appellants, and Barbara G. Racine and Virginia W. Grubbs, Plaintiffs, v. COUNTY UTILITIES CORPORATION, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 13, 1983.

Rehearing Denied September 28, 1983.

Attorney(s) appearing for the Case

Patrick M. McSweeney, Richmond, Va. (McSweeney, Stutts & Burtch, Richmond, Va., on brief), for appellants.

E. Leslie Cox, Norfolk, Va. (Robert R. MacMillan, Breeden, Howard & MacMillan, Norfolk, Va., on brief), for appellee.

Before HALL and PHILLIPS, Circuit Judges, BUTZNER, Senior Circuit Judge.

JAMES DICKSON PHILLIPS, Circuit Judge:

In this action brought under the citizens' suit provisions of the Federal Water Pollution Control Act (the Act), 33 U.S.C. §§ 1251-1376, plaintiffs appeal from an order of the district court granting defendant County Utilities's motion for summary judgment. Finding that there remain genuine issues of fact regarding whether County Utilities has complied fully with federal law, we reverse the judgment and remand to the...

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