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GENESEE BREWING CO. v. VILLAGE OF SODUS POINT, N.Y.

No. 747, Docket 83-7764.

733 F.2d 258 (1984)

The GENESEE BREWING COMPANY, INC., Plaintiff-Appellant, v. VILLAGE OF SODUS POINT, NEW YORK, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 1, 1984.

Attorney(s) appearing for the Case

Ragna Henrichs, Rochester, N.Y. (Laurie Paravati Phillips, Domenick L. Gabrielli, Nixon, Hargrave, Devans & Doyle, Rochester, N.Y., of counsel), for plaintiff-appellant.

John B. Nesbitt, Palmyra, N.Y. (Nesbitt & Nesbitt, Palmyra, N.Y., of counsel), for defendant-appellee.

Before TIMBERS and CARDAMONE, Circuit Judges, and TENNEY, District Judge.

PER CURIAM:

In this appeal from a decision of the United States District Court for the Western District of New York, Michael A. Telesca, District Judge, The Genesee Brewing Company challenges the Village of Sodus Point's refusal to refund payments made by Genesee under a state law enacted pursuant to the now repealed "Industrial Cost Recovery" (ICR) provisions of the Federal Water Pollution Control Act, 33 U.S.C. § 1251 et seq. (1982). We affirm.

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