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LOCKETT v. E.P.A.

No. 01-31465.

319 F.3d 678 (2003)

Beryl LOCKETT, wife of/and; Carl F. Lockett, Plaintiffs-Appellants, Maria Asevedo, wife of/and; Aaron Asevedo; Eula Ruberts, wife of/and; Lee Anna Ruberts, testamentary executrix of the succession of Paul Ruberts, Jr.; Mary King, wife of/and; Larry E. King, Intervenor Plaintiffs-Appellants, v. ENVIRONMENTAL PROTECTION AGENCY, Etc.; et al., Defendants, Village of Folsom, Louisiana; Marshell Brumfield, Mayor of Village of Folsom; Merty Fitzmorris, Village Administrator of Folsom, Defendants-Intervenor Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 24, 2003.

Attorney(s) appearing for the Case

Maurice Joseph LeGardeur, Jr. (argued), LeGardeur Ltd., Covington, LA, for Beryl and Carl Lockett and Mary and Larry King.

Joseph Jay Bernstein (argued), Bay St. Louis, MS, for Eula and Lee Anna Ruberts.

William Ross DeJean, Hackman & DeJean, Boutte, LA, Gerald Joseph Nielsen, Nielsen Law Firm, Metairie, LA, Michael Stephen Rolland (argued), Law Offices of Michael S. Rolland, New Orleans, LA, for Village of Folsom, LA, Brumfield and Fitzmorris.

Maria and Aaron Asevedo, Folsom, LA, pro se.

Before KING, Chief Judge, and JOLLY and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This is an appeal from dismissal of a citizen suit brought under the Clean Water Act. We conclude that the suit cannot proceed because Louisiana is diligently prosecuting an action under a comparable state law.

I.

The appellants are landowners in and around the Village of Folsom, Louisiana. Folsom owns and operates a sewage treatment facility which discharges effluent into a ravine that abuts or traverses the...

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