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FRIENDS OF MILWAUKEE'S v. MILWAUKEE METROPOLITAN

No. 03-3809.

382 F.3d 743 (2004)

FRIENDS OF MILWAUKEE'S RIVERS and LAKE MICHIGAN FEDERATION, Plaintiffs-Appellants, v. MILWAUKEE METROPOLITAN SEWERAGE DISTRICT, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 2, 2004.

Rehearing and Suggestion for Rehearing Denied October 1, 2004.

Attorney(s) appearing for the Case

Barry Levenstam (Argued), Jenner & Block, Chicago, IL, for Plaintiffs-Appellants.

James M. Caragher (Argued), Foley & Lardner, Milwaukee, WI, for Defendant-Appellee.

Before CUDAHY, ROVNER and DIANE P. WOOD, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied October 1, 2004.

CUDAHY, Circuit Judge.

For decades, the defendant Milwaukee Metropolitan Sewerage District (MMSD) and its predecessor organization have, for various reasons, occasionally discharged untreated sewage directly into Lake Michigan and Milwaukee's rivers. The discharges were reduced in number and volume after MMSD's system's capacity was expanded by...

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