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ALWIN CONSTRUCTION COMPANY, INC. v. LUFKIN

Civ. A. No. B-725.

360 F.Supp. 1119 (1973)

ALWIN CONSTRUCTION COMPANY, INC., and others similarly situated, Plaintiff, v. Dan W. LUFKIN, Individually and as Commissioner of Environmental Protection of the State of Connecticut, Defendant.

United States District Court, D. Connecticut.

June 28, 1973.

Attorney(s) appearing for the Case

Lepofsky & Lepofsky by Melvin J. Silverman, Norwalk, Conn., for plaintiff.

Robert K. Killian, Atty. Gen., Hartford, Conn., by Brian E. O'Neill, Asst. Atty. Gen., for defendant.

MEMORANDUM OF DECISION

LUMBARD,* Circuit Judge:

Alwin Construction Company, Inc. (Alwin) seeks declaratory and injunctive relief, as well as damages, against Dan W. Lufkin, Commissioner of Environmental Protection of the State of Connecticut, claiming that the issuance on February 7, 1973 of an "order to abate pollution," and its recordation, also on February 7, 1973, on the land records of the town of Warren were done maliciously...

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