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ATLANTIC CITY MUN. UTIL. v. REGIONAL ADM'R

No. 85-5638.

803 F.2d 96 (1986)

ATLANTIC CITY MUNICIPAL UTILITIES AUTHORITY v. REGIONAL ADMINISTRATOR, Region II United States Environmental Protection Agency. Appeal of ATLANTIC CITY MUNICIPAL UTILITIES AUTHORITY, Appellant.

United States Court of Appeals, Third Circuit.

Decided October 14, 1986.

As Amended October 20, 1986.

Attorney(s) appearing for the Case

Albert J. Slap (argued), Slap, Williams & Cuker, Philadelphia, Pa., for appellant.

F. Henry Habicht, II, Asst. Atty. Gen., Thomas W. Greelisch, U.S. Atty., Mary Gibbons Whipple, Asst. U.S. Atty., Trenton, N.J., Ann C. Hurley, Robert L. Klarquist, Dirk D. Snel (argued), U.S. Dept. of Justice, Washington, D.C., Francis S. Blake, General Counsel, Alan E. Brown, Asst. Gen. Counsel, Howard Corcoran, Anthony F. Guadagno, E.P.A., Washington, D.C., for appellee.

Before SLOVITER and STAPLETON, Circuit Judges, and MENCER, District Judge

OPINION OF THE COURT

STAPLETON, Circuit Judge:

This is an appeal from a summary judgment entered by a district court upholding the denial by appellee of a federal assistance grant to appellant. Atlantic City Mun. Utilities v. Regional Administrator, EPA, 616 F.Supp. 722, 725 (D.N.J.1985). Because we find that the district court lacked jurisdiction, we will reverse with a direction that the case be dismissed.<...

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