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ATLANTIC STATES LEGAL FOUND. v. EASTMAN KODAK

No. 1055, Docket 90-7931.

933 F.2d 124 (1991)

ATLANTIC STATES LEGAL FOUNDATION, INC., Plaintiff-Appellant, v. EASTMAN KODAK COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 14, 1991.

Attorney(s) appearing for the Case

Charles M. Tebbutt, Buffalo, N.Y. (Allen, Lippes & Shonn, Buffalo, N.Y., Alan J. Knauf, Pittsford, N.Y., of counsel), for plaintiff-appellant.

Philip H. Gitlen, Albany, N.Y. (Kathryn Girardat Hart, Whiteman, Osterman & Hanna, Albany, N.Y., of counsel), for defendant-appellee.

Before PIERCE, WINTER and WALKER, Circuit Judges.

WINTER, Circuit Judge:

This appeal presents the question of whether a properly commenced citizen suit under the Clean Water Act may continue after the citizen suit defendant and the appropriate state officials have reached a settlement regarding the Clean Water Act violations in issue. We hold that a citizen suit cannot proceed solely for the purpose of challenging the terms of a settlement reached by state officials so long as the settlement reasonably assures that...

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