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UNITED STATES v. VELSICOL CHEMICAL CORP.

No. C-75-462.

438 F.Supp. 945 (1976)

UNITED STATES of America, Plaintiff, v. VELSICOL CHEMICAL CORP., Defendant.

United States District Court, W. D. Tennessee, W. D.

Motion for Summary Judgment November 10, 1976.

Attorney(s) appearing for the Case

W. Hickman Ewing, Jr., Asst. U. S. Atty., Memphis, Tenn., Sara S. Turnipseed, Legal Support Branch, U. S. Environmental Protection Agency, Atlanta, Ga., for plaintiff.

James W. Gentry, Jr., Gentry & Boehm, Chattanooga, Tenn., William D. Evans, Jr., Montedonico, Heiskell, Davis, Glankler, Brown & Gillilland, Memphis, Tenn., for defendant.

ORDER ON DEFENDANT'S MOTION TO DISMISS

McRAE, District Judge.

On November 26, 1975, defendant Velsicol Chemical Corp. filed a Motion to Dismiss in this cause on the grounds that this Court lacks jurisdiction over said cause; to wit, that the alleged discharges by defendant into the City of Memphis Wastewater Collection System is not a discharge into a "navigable water" within the statutory meaning of 33 U.S.C. § 1362(7) and that since the City of Memphis...

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