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U. S. v. ASSOCIATED ELEC. CO-OP., INC.

No. 80-251C(B).

503 F.Supp. 92 (1980)

UNITED STATES of America, Plaintiff, v. ASSOCIATED ELECTRIC COOPERATIVE, INC., Defendant.

United States District Court, E. D. Missouri, E. D.

October 27, 1980.

Attorney(s) appearing for the Case

Anne T. Shapleigh, Asst. U. S. Atty., St. Louis, Mo., for plaintiff.

Donald J. Stohr, Thompson & Mitchell, St. Louis, Mo., Eugene E. Andereck, Jefferson City, Mo., for defendant.

MEMORANDUM AND ORDER

REGAN, District Judge.

In this action purportedly brought under the authority of 42 U.S.C. § 7413(b)(2), defendant has moved for dismissal on the ground that the United States of America, the plaintiff herein, has no standing or right to sue.1

By way of background: In accordance with the Clean Air Act, the State of Missouri submitted a plan to the Administrator of the Environmental Protection...

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