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COUNTY OF OAKLAND v. CITY OF BERKLEY

No. 83-1173.

742 F.2d 289 (1984)

COUNTY OF OAKLAND, Plaintiff-Appellee, v. CITY OF BERKLEY, et al., Defendants, City of Madison Heights, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 24, 1984.

Attorney(s) appearing for the Case

Bernard Friedman, Southfield, Mich., for defendant-appellant.

William P. Hampton (argued), Davidson, Gotshall, Kohl, Secrest, John M. Donohue, Farmington Hills, Mich., for plaintiff-appellee.

Before LIVELY, Chief Judge, WELLFORD, Circuit Judge, and GIBSON, District Judge.

LIVELY, Chief Judge.

This appeal presents questions of subject matter jurisdiction and the propriety of summary judgment. Both questions are affected by the nature of existing litigation with which this case was consolidated by the district court.

I.

A.

In 1977 the United States, at the request of the Environmental Protection Agency, initiated a compliance action in the district court against the City of Detroit, the Detroit Water and Sewerage...

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