UNITED STATES v. WAYNE COUNTY DEPT. OF HEALTH

Civ. A. Nos. 77-71100, 80-71613.

598 F.Supp. 1076 (1984)

The UNITED STATES of America, Plaintiff, and Counter-Defendant, v. The WAYNE COUNTY DEPARTMENT OF HEALTH-AIR POLLUTION CONTROL DIVISION, Plaintiff, v. The STATE OF MICHIGAN, Defendant, Counter-Plaintiff, and Cross-Plaintiff, v. The CITY OF DETROIT, a municipal corporation, and The Detroit Water and Sewerage Department, Defendants, and Cross-Defendants, v. ALL COMMUNITIES AND AGENCIES UNDER CONTRACT WITH the CITY OF DETROIT FOR SEWAGE TREATMENT SERVICES, et al.

United States District Court, E.D. Michigan, S.D.

December 11, 1984.


Attorney(s) appearing for the Case

David Taliaferro, Asst. Regional Counsel, U.S. Environmental Protection Agency, Region V, Chicago, Ill., L. Michael Wicks, Asst. U.S. Atty., Detroit, Mich., for U.S. EPA.

Richard J. McClear, Dykema, Gossett, Spencer, Goodnow & Trigg, Lynn Ferris, Asst. Corp. Counsel, City of Detroit Law Dept., Detroit, Mich., for City of Detroit.

Philip G. Tannian, Nederlander, Dodge & McCauley, Detroit, Mich., for Greater Detroit Chamber of Commerce.

John E. Breen, Wayne County Bd. of Public Works, Detroit, Mich., for Wayne County Bd. of Public Works.

Joseph B. Klein, Asst. Wayne County Pros. Atty., Detroit, Mich., for Wayne County Air Pollution Control Div.

James A. Smith, Bodman, Longley & Dahling, Detroit, Mich., for Macomb County.

Thomas F. Schimpf, Asst. Atty. Gen., Lansing, Mich., for Michigan DNR.

John P. Williams, Butzel, Long, Gust, Klein & VanZile, Detroit, Mich., for Food and Allied Industries Committee of Metro Detroit.


MEMORANDUM OPINION AND ORDER

FEIKENS, Chief Judge.

Plaintiff, Macomb County,1 is one of the communities and agencies under contract with the City of Detroit for water and sewerage treatment services. On August 8, 1983, plaintiff filed a complaint for rate relief against the Detroit Water and Sewerage Department (DWSD) challenging the Fiscal Year (FY) 1984 rates. On September 11, 1984, plaintiff filed a motion for partial summary...

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