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FRIENDS, MILWAUKEE'S RIVERS v. MILWAUKEE SEWERAGE

No. 08-1103.

556 F.3d 603 (2009)

FRIENDS OF MILWAUKEE'S RIVERS AND ALLIANCE FOR the GREAT LAKES, Plaintiffs-Appellants, v. MILWAUKEE METROPOLITAN SEWERAGE DISTRICT, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 13, 2009.

Attorney(s) appearing for the Case

James A. Vroman, Jenner & Block, Chicago, IL, for Plaintiffs-Appellants.

Gerald M. Halfenger, Foley & Lardner, Milwaukee, WI, for Defendant-Appellee.

Before BAUER, CUDAHY, and WOOD, Circuit Judges.

CUDAHY, Circuit Judge.

I. Background

This case has a long and stormy history. Its full background was set out in this court's previous opinion, Friends of Milwaukee's Rivers and Lake Michigan Fed'n v. Milwaukee Metro. Sewerage Dist., 382 F.3d 743 (7th Cir.2004) (FMR I). After over six years of litigation and two trips back and forth between the district court and this court, we are hopeful that the sun is breaking...

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