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HAMKER v. DIAMOND SHAMROCK CHEMICAL CO.

No. 84-1278.

756 F.2d 392 (1985)

William Dale HAMKER, et ux, Anita Hamker, Plaintiffs-Appellants, v. DIAMOND SHAMROCK CHEMICAL CO., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 1, 1985.

Attorney(s) appearing for the Case

Bruce E. Anderson, Austin, Tex., for plaintiffs-appellants.

Underwood, Wilson, Berry, Stein & Johnson, Kelly Utsinger, Amarillo, Tex., for defendant-appellee.

Before GEE, WILLIAMS and JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

The plaintiffs-appellants, William and Anita Hamker, filed suit under 33 U.S.C. § 1365(a) of the Federal Water Pollution Control Act (the Act) seeking an injunction against Diamond Shamrock Chemical Co. (Diamond Shamrock) and the imposition of civil penalties. They also appended several claims arising under state law under the authority of United Mine Workers v. Gibbs, 383 U.S. 715, 86 S.Ct...

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