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BOARD OF PAINESVILLE v. CITY OF PAINESVILLE

No. 98-4004.

200 F.3d 396 (1999)

BOARD OF TRUSTEES OF PAINESVILLE TOWNSHIP; Mayridge Construction Company, Plaintiffs-Appellants, v. CITY OF PAINESVILLE, OHIO, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 29, 1999

Attorney(s) appearing for the Case

Eli Manos (briefed), Michael T. Gavin (briefed), Anthony J. Coyne (argued and briefed), Bruce G. Rinker (briefed), Mansour, Gavin, Gerlack & Manos, Cleveland, Ohio, Timothy P. Cannon (briefed), Cannon Stern, Aveni & Loiacono, Painesville, OH, for Appellants.

Charles R. McElwee II (briefed), David W. Burchmore (argued and briefed), Van Carson (briefed), Squire, Sanders & Dempsey, Cleveland, Ohio, Joseph M. Gurley (briefed), Rand, Gurley, Hanahan & Koerner, Painesville, Ohio, for Appellee.

Before: JONES, BOGGS, and COLE, Circuit Judges.

OPINION

BOGGS, Circuit Judge.

The Board of Trustees of Painesville Township and representatives of Mayridge Construction Company sued the City of Painesville for alleged violations of the Federal Water Pollution and Control Act (FWPCA), as amended by the Clean Water Act of 1977(CWA), 33 U.S.C. § 1251 et seq. The plaintiffs requested declaratory relief and a mandatory injunction compelling the City to provide them with wastewater treatment service...

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