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McABEE v. CITY OF FORT PAYNE

No. 02-10149.

318 F.3d 1248 (2003)

Kim McABEE, Plaintiff-Appellee, v. FORT PAYNE, CITY OF, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 23, 2003.

Attorney(s) appearing for the Case

H. Edgar Howard, Gadsden, AL, for Defendant-Appellant.

George Keith Clark, Montgomery, AL, for Plaintiff-Appellee.

Thomas H. Wells, Jr., Jarred O. Taylor, II, D. Bart Turner, Maynard, Cooper & Gale, P.C., Birmingham, AL, for Amicus, Business Council of Alabama.

Before BIRCH, DUBINA and KRAVITCH, Circuit Judges.

KRAVITCH, Circuit Judge:

The question presented is whether the Alabama Water Pollution Control Act (the "AWPCA"), Ala.Code §§ 22-22-1 to 22-22-14, and the Alabama Environmental Management Act (the "AEMA"), Ala.Code §§ 22-22A-1 to 22-22A-16, constitute "State law comparable" to subsection 309(g) of the federal Clean Water Act (the "CWA"), 33 U.S.C. § 1319(g). Defendant-appellant City of Fort Payne, Alabama (the "City") appeals the denial of...

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