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DRISCOLL v. ADAMS

No. 98-8532.

181 F.3d 1285 (1999)

David & Barbara DRISCOLL, and Ruel & Patricia Galbreath, Plaintiffs-Appellants, v. Ross ADAMS, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied September 17, 1999.

Attorney(s) appearing for the Case

Donald D.J. Stack, Martin Arthur Shelton, Stack & Associates, Atlanta, GA, for Plaintiffs-Appellants.

Susan A. Dewberry, Swift, Currie, McGhee & Hiers, Atlanta, GA, for Defendant-Appellee.

Stephen E. O'Day, Atlanta, GA, for Upper Chattahoochee Riverkeeper Fund, Inc., Amicus Curiae.

Eric E. Huber, New Orleans, LA, for EarthJustice Legal Defense Fund, Inc., Amicus Curiae.

Before EDMONDSON and CARNES, Circuit Judges, and WATSON, Senior Judge.

Rehearing and Rehearing En Banc Denied September 17, 1999.

CARNES, Circuit Judge:

Plaintiffs David and Barbara Driscoll and Ruel and Patricia Galbreath appeal the district court's award of summary judgment to defendant Ross Adams on their Clean Water Act claim, which arose out of Adams' discharge of allegedly polluted stormwater into a stream running from his property to ponds on their properties. Adams argues that the district court was correct in concluding...

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