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FRIENDS OF THE EARTH v. GASTON COPPER RECYCLING

No. 98-1938.

179 F.3d 107 (1999)

FRIENDS OF THE EARTH, INCORPORATED; Citizens Local Environmental Action Network, Incorporated, Plaintiffs-Appellants, v. GASTON COPPER RECYCLING CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 2, 1999.

Attorney(s) appearing for the Case

ARGUED: Bruce J. Terris, Terris, Pravlik & Millian, L.L.P., Washington, D.C., for Appellants. Harold Weinberg Jacobs, Nexsen, Pruet, Jacobs & Pollard, L.L.P., Columbia, South Carolina, for Appellee. ON BRIEF: Kathleen L. Millian, Terris, Pravlik & Millian, L.L.P., Washington, D.C.; Robert Guild, Columbia, South Carolina, for Appellants.

Before WILKINSON, Chief Judge, and HAMILTON and WILLIAMS, Circuit Judges.

Affirmed by published opinion. Judge HAMILTON wrote the majority opinion, in which Judge WILLIAMS joined. Chief Judge WILKINSON wrote a dissenting opinion.

OPINION

HAMILTON, Circuit Judge:

Friends of the Earth, Inc. (FOE) and Citizens Local Environmental Action Network, Inc. (CLEAN) brought this citizens suit against Gaston Copper Recycling Corporation (Gaston Copper) pursuant to § 505 of the Federal...

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