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STATE OF MICH. v. CITY OF ALLEN PARK

Nos. 90-1901, 90-1902.

954 F.2d 1201 (1992)

STATE OF MICHIGAN (90-1902); United States Environmental Protection Agency (90-1901), Plaintiffs-Appellants, v. The CITY OF ALLEN PARK, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 27, 1992.

Attorney(s) appearing for the Case

Carl Strass, Martin W. Matzen, M. Alice Thurston, Ellen J. Durkee (argued & briefed), Albert M. Ferlo, Jr., U.S. Dept. of Justice, Land & Natural Resources Div., Washington, D.C., for E.P.A.

Michael H. Feiler (argued & briefed), Farmington Hills, Mich., Kenneth D. Kruse (briefed), Allen Park, Mich., for The City of Allen Park.

Robert P. Tiplady, Sempliner, Thomas, Boak & Smith, Plymouth, Mich., for The Le Blanc Tile Drainage Dist., The Drainage District for Ecorse Creek Pollution Abatement Drain No. 1 and Charles N. Youngblood.

Thomas A. Neenan (argued), Asst. Corporate Counsel, Detroit, Mich., for The County of Wayne.

A. Michael Leffler, John C. Scherbarth, Asst. Atty. Gen. (argued & briefed), Office of the Atty. Gen. of Mich., Lansing, Mich., for State of Mich.

Before JONES and MILBURN, Circuit Judges, and LIVELY, Senior Circuit Judge.

LIVELY, Senior Circuit Judge.

This case involves the relationship between Titles II and III of the Federal Water Pollution Prevention and Control Act of 1972 (the Act), 33 U.S.C. §§ 1251 et seq. The question we must decide is whether the district court correctly ordered the United States Environmental Protection Agency (EPA) and the Michigan Department of Natural Resources (MDNR) to fund 80% of a Sewer System Evaluation Survey (SSES) to be undertaken by...

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