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DONNER HANNA COKE CORP. v. COSTLE

No. Civ.-77-232.

464 F.Supp. 1295 (1979)

DONNER HANNA COKE CORPORATION, Plaintiff, v. Douglas M. COSTLE, Administrator of the United States Environmental Protection Agency, Defendant.

United States District Court, W. D. New York.

February 12, 1979.

Attorney(s) appearing for the Case

Hodgson, Russ, Andrews, Woods & Goodyear, Buffalo, N. Y. (Stephen H. Kelly, and Robert B. Conklin, Buffalo, N. Y., of counsel), for plaintiff.

Richard J. Arcara, U. S. Atty., Buffalo, N. Y. (James A. Fronk, Sp. Asst. U. S. Atty., Buffalo, N. Y., Walter E. Mugdan and Stephen A. Dvorkin, U. S. Environmental Protection Agency, New York City, and Doug G. Farnsworth, U. S. Environmental Protection Agency, Washington, D. C., of counsel), for defendant.

CURTIN, Chief Judge.

In this action, the plaintiff seeks judicial review of an administrative order issued by the Administrator of the Environmental Protection Agency [EPA] directing the plaintiff to permit EPA to inspect the plaintiff's coke oven batteries. The EPA has counterclaimed for enforcement of its order of inspection. The case was tried before the court. What follows is the court's findings of fact and conclusions of law, made in accordance with Rule 52...

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