ATLANTIC STATES LEGAL FOUNDATION, INC. v. TYSON FOODS, INC.

No. 89-7232.

897 F.2d 1128 (1990)

ATLANTIC STATES LEGAL FOUNDATION, INC., Plaintiff-Appellant, v. TYSON FOODS, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 5, 1990.


Attorney(s) appearing for the Case

David H. Pope, Eric E. Huber, Carr, Tabb & Pope, Atlanta, Ga., and Clyde E. Riley, Trimmer & Associates, P.C., Birmingham, Ala., for plaintiff-appellant.

Nancy K. Stoner, U.S. Dept. of Justice, Washington, D.C., amicus curiae.

H. Thomas Wells, Jr., Alfred F. Smith, Jr., Maynard, Cooper, Frierson & Gale, Birmingham, Ala., and Michael H. Mashburn, Mashburn & Taylor, Fayetteville, Ariz., for defendant-appellee.

Before KRAVITCH and JOHNSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.


KRAVITCH, Circuit Judge:

This case arises out of violations by Tyson Foods, Inc. ("Tyson"), between May of 1986 and February of 1988, of the limitations on discharges of pollutants from its poultry processing plant in Blountsville, Alabama, as set out in its National Pollution Discharge Elimination System ("NPDES") permits. Plaintiff-appellant, the Atlantic States Legal Foundation, Inc. ("ASLF"), appeals from the district court's entry of summary judgment in favor...

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