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HUDSON RIVER SLOOP CLEARWATER v. CONSOL. RAIL CORP.

No. 82-CV-1307.

591 F.Supp. 345 (1984)

HUDSON RIVER SLOOP CLEARWATER, INC., Plaintiff, v. CONSOLIDATED RAIL CORPORATION, Defendant.

United States District Court, N.D. New York.

July 2, 1984.

Attorney(s) appearing for the Case

Trial Lawyers for Public Justice, Washington, D.C., E. Stewart Jones, Troy, N.Y., for plaintiff; Anthony Z. Roisman, Susan J. Vogel, Washington, D.C., of Counsel.

John Jenchura, Abbi L. Cohen, Philadelphia, Pa., for defendant.

McNamee, Lochner, Titus & Williams, P.C., Albany, N.Y., Local Counsel for defendant; Earl H. Gallup, Jr., Albany, N.Y., of counsel.

MEMORANDUM-DECISION and ORDER

MINER, District Judge.

I

This citizens' suit, brought pursuant to section 505 of the Federal Water Pollution Control Act ("FWPCA"), 33 U.S.C. § 1365, challenges alleged unremedied violations by defendant Consolidated Rail Corporation ("Conrail") of its National Pollutant Discharge Elimination System/State Pollutant Discharge Elimination System ("NPDES/SPDES") permit in violation of section 301(a) of the FWPCA...

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