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ARKANSAS WILDLIFE FEDERATION v. ICI AMERICAS, INC.

No. 93-2181.

29 F.3d 376 (1994)

ARKANSAS WILDLIFE FEDERATION, Appellant, v. ICI AMERICAS, INC., Appellee. United States of America, Amicus Curiae. Arkansas Environmental Federation; Associated Industries of Arkansas, Inc.; American Iron and Steel Institute; The American Petroleum Institute; The Chamber of Commerce of the United States; National Agricultural Chemicals Association; Acme Metals, Incorporated; Chevron Corp.; GAF Corporation; General Electric Company; Hoechst Celanese Corporation; Murphy Oil USA, Inc.; Owens-Corning Corporation; PMC, Inc.; Sandoz Pharmaceuticals Corporation; Shell Oil Company; Total Petroleum, Inc.; Witco Corporation, Amici Curiae.

United States Court of Appeals, Eighth Circuit.

Decided July 7, 1994.

Rehearing and Suggestion for Rehearing Denied August 12, 1994.

Attorney(s) appearing for the Case

James M. Hecker, Washington, DC, argued (James M. Hecker, Washington, DC, Samuel E. Ledbetter, Little Rock, AR, and Jacqueline M. Warren, New York City, on the brief), for appellant.

James Felix Goodhart, Little Rock, AR, argued, for appellee.

Nancy K. Stoner, Washington, DC, argued (Peter R. Steenland, Jr., Anne H. Shields, Anne S. Almy, Mark R. Haag and David Drelich, Washington, DC, on the brief), for amicus curiae U.S.

Before McMILLIAN, FAGG and BOWMAN, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied August 12, 1994.

McMILLIAN, Circuit Judge.

Arkansas Wildlife Federation (AWF) appeals from a final order entered in the United States District Court1 for the Eastern District of Arkansas granting summary judgment in favor of ICI Americas Inc. (ICI), and dismissing AWF's action against ICI pursuant to the citizen suit provision of the federal Clean Water Act (CWA), 33 U.S.C....

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