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U.S. v. METROPOLITAN DIST. COM'N

Nos. 88-1493, 88-1494 and 88-1727.

865 F.2d 2 (1989)

UNITED STATES of America, et al., Plaintiffs, Appellees, v. METROPOLITAN DISTRICT COMMISSION, et al., Defendants, Appellees. Appeal of TOWN OF HULL, Plaintiff, Intervenor, Appellant. UNITED STATES of America, et al., Plaintiffs, Appellees, v. METROPOLITAN DISTRICT COMMISSION, et al., Defendants, Appellees. Appeal of NAHANT S.W.I.M., INCORPORATED, Plaintiff, Intervenor, Appellant. UNITED STATES of America, et al., Plaintiffs, Appellees, v. METROPOLITAN DISTRICT COMMISSION, et al., Defendants, Appellees. Appeal of TOWNS OF COHASSET AND SCITUATE, Intervenors, Appellants.

United States Court of Appeals, First Circuit.

Decided January 6, 1989.

As Amended January 12, 1989.

Attorney(s) appearing for the Case

James L. Quarles, III, Boston, Mass., with whom Paul G. Wallach, Washington, D.C., Michael Kendall, Hale and Dorr, Boston, Mass., James B. Lampke, Hingham, Mass., Richard A. Henderson, Cohasset, Mass., Kenneth Tatarian, Michael Meagher, Boston, Mass., Gregory L. Benik and Hinckley, Allen, Snyder & Comen, Providence, R.I., were on brief for appellants.

Andrew S. Hogeland, Asst. U.S. Atty., with whom Frank L. McNamara, Jr., U.S. Atty., Boston, Mass., was on brief for the U.S.

Douglas H. Wilkins, Asst. Atty. Gen., for Metropolitan Dist. Com'n and John M. Stevens, for Massachusetts Water Resources Authority, with whom James M. Shannon, Atty. Gen., and Foley, Hoag & Eliot, Boston, Mass., were on brief for the Com. of Massachusetts.

Before BOWNES and SELYA, Circuit Judges, and CAFFREY, Senior District Judge.

BOWNES, Circuit Judge.

The towns of Cohasset, Scituate, and Hull, and the public interest group, Nahant S.W.I.M., appeal an order by the district court which denied their motions to intervene in this case which involves the cleanup of Boston Harbor. We affirm.

I. BACKGROUND

The district court consolidated two cases designed to remedy the pollution of Boston Harbor resulting from sewage and other wastewater discharge, one brought in June 1983 by the...

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