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MENZEL v. COUNTY UTILITIES CORP.

Civ. A. No. 77-725-N.

501 F.Supp. 354 (1979)

Martha M. MENZEL, Mary B. Rice, Barbara G. Racine, and Virginia W. Grubbs, Plaintiffs, v. COUNTY UTILITIES CORPORATION, Defendant.

United States District Court, E. D. Virginia, Norfolk Division.

December 6, 1979.

Attorney(s) appearing for the Case

Patrick M. McSweeney, McSweeney & Stutts, Richmond, Va., for plaintiffs.

E. Leslie Cox, Breeden, Howard & MacMillan, Norfolk, Va., for defendant.

MEMORANDUM OPINION AND ORDER

CLARKE, District Judge.

Plaintiffs are all residents of the Birchwood Gardens area of the City of Virginia Beach, Virginia. They are recreational users of the Lynnhaven River and its tributaries, particularly Buchanan Creek adjacent to their respective homes. Defendant County Utilities Corporation (hereinafter "County Utilities") is a Virginia corporation which owns and operates a sewage treatment plant in the Birchwood Gardens...

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