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CHESAPEAKE BAY FOUND. v. AMERICAN RECOVERY CO.

Nos. 85-1218, 85-1320.

769 F.2d 207 (1985)

CHESAPEAKE BAY FOUNDATION and Natural Resources Defense Council, Inc., Appellants, v. AMERICAN RECOVERY COMPANY, INC., Appellee. In re CHESAPEAKE BAY FOUNDATION, INC., and Natural Resources Defense Council, Inc., Appellants. UNITED STATES of America, Plaintiff, v. AMERICAN RECOVERY COMPANY, INC., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 5, 1985.

Attorney(s) appearing for the Case

James Thornton, New York City (Ross Sandler, New York City, Scott Burns on brief) for appellants.

Warren K. Rich, Baltimore, Md. (Lester O. Brown, Niles, Barton & Wilmer, Baltimore, Md., on brief) for appellee.

Before WINTER, Chief Judge, and RUSSELL and SPROUSE, Circuit Judges.

PER CURIAM:

Plaintiffs Chesapeake Bay Foundation (CBF) and Natural Resources Defense Council, Inc. (NRDC) gave notice on October 20, 1983 to defendant, the State of Maryland, and the EPA, of their intent to sue defendant for violations of its effluent discharge permits under the Clean Water Act. Plaintiffs were prepared to file suit at the end of the sixty-day waiting period required by 33 U.S.C. § 1365(b)(1)(A), but they agreed to cooperate with the government...

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