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

No. 91-1337.

930 F.2d 132 (1991)

UNITED STATES of America, et al., Plaintiffs, Appellees, v. METROPOLITAN DISTRICT COMMISSION, et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided April 22, 1991.

Attorney(s) appearing for the Case

Douglas H. Wilkins, Asst. Atty. Gen., with whom Scott Harshbarger, Atty. Gen., was on motion for a stay pending appeal and memorandum in support thereof.

George B. Henderson, II, Asst. U.S. Atty., with whom Wayne A. Budd, U.S. Atty., and Jeffry Fowley, Associate Regional Counsel for Water, were on memorandum in opposition to motion for a stay for appellee, U.S.E.P.A.

John M. Stevens, with whom Foley, Hoag & Eliot, Catherine L. Farrell, Gen. Counsel, Steven H. Goldberg, Associate Gen. Counsel, and Virginia S. Renick, Sr. Staff Counsel, were on memorandum for Massachusetts Water Resources Authority.

Before BREYER, Chief Judge, TORRUELLA and CYR, Circuit Judges.

BREYER, Chief Judge.

On February 25, 1991, the district court entered an order in the Boston Harbor Clean-up case that, in effect, says that the Commonwealth 1) must give the Massachusetts Water Resources Authority (MWRA) the power "to acquire a ... suitable ... landfill" site, and 2) may not hook up any new sewer lines emptying into Boston Harbor until it does so. The Commonwealth appeals, arguing that the order (along with the court's April 5 refusal to modify the...

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