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DELAWARE CIT. FOR CLEAN AIR, INC. v. STAUFFER CHEM. CO.

Civ. A. No. 4597.

367 F.Supp. 1040 (1973)

DELAWARE CITIZENS FOR CLEAN AIR, INCORPORATED, a Delaware corporation, Plaintiff, v. STAUFFER CHEMICAL COMPANY, a Delaware corporation, Defendant.

United States District Court, D. Delaware, Wilmington Division.

December 12, 1973.

Attorney(s) appearing for the Case

Jacob Kreshtool, and John S. Grady, Bader, Dorsey & Kreshtool, Wilmington, Del., for plaintiff.

Arthur G. Connolly, Jr., Connolly, Bove & Lodge, Wilmington, Del., John T. Ronan, III, Stauffer Chemical Co., Westport, Conn., Robert L. Ackerly, Sellers, Conner & Cuneo, Washington, D.C., for defendant.

OPINION

STAPLETON, District Judge:

Seeking an injunction and the recovery of damages, plaintiff, a non-profit Delaware corporation, has brought this action for alleged violations of the plan adopted by the State of Delaware under the Clean Air Act1 to reduce the sulfur dioxide level in the ambient air in Delaware. Jurisdiction is asserted under the "citizen's suit" section of the Clean Air Act, 42 U.S.C. § 1857h-2(a).

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