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THREE THOUSAND RESIDENTS, ETC. v. E. P. A.

Civ. No. 81-0379.

510 F.Supp. 1102 (1981)

THREE THOUSAND RESIDENTS OF PUNTA SANTIAGO, HUMACAO, PUERTO RICO, represented by Jose Oquendo, Julia Mendoza, Ada Lopez, and Avelino Vargas, and for themselves, Plaintiffs, v. The ENVIRONMENTAL PROTECTION AGENCY and the United States of America, Carlos Romero Barcelo, Governor of the Commonwealth of Puerto Rico; the Environmental Quality Board of the Commonwealth of Puerto Rico; Planning Board of the Commonwealth of Puerto Rico; Sugar Corporation of Puerto Rico; Civil Defense of the Commonwealth of Puerto Rico; Department of Housing of the Commonwealth of Puerto Rico; Department of Health of the Commonwealth of Puerto Rico; Land Authority of Puerto Rico Municipality of Humacao; and Angel Velez Diaz, as Mayor of Municipality of Humacao; and United States Public Health Service, Defendants.

United States District Court, D. Puerto Rico.

April 7, 1981.

Attorney(s) appearing for the Case

John L. A. DePassalacqua, Isla Verde, P. R., David Carrion Fuentes, San Juan, P. R., Edilberto Berrios Davila, Hato Rey, P. R., for plaintiffs.

Asst. U. S. Atty. V. Reyes De Rodriguez, Hato Rey, P. R., and Fred Disheroon, Washington, D. C., Noelia Marti, San Juan, P. R. and Noel Acevedo, Asst. Dist. Counsel, E. P. A., for the U. S. and E. P. A.

Eduardo Buso, Dept. of Justice of P. R., San Juan, P. R., for Land Authority of P. R.

Enrique Bray, Laffitte & Dominguez, Hato Rey, P. R., for Sugar Corp. of P. R.

Ruben T. Nigaglioni and Jose Ledesma, Nigaglioni, Palou & Ledesma, Hato Rey, P. R., for U. S. I. Properties Corp.

ORDER

CEREZO, District Judge.

The Environmental Protection Agency, the United States of America, the Corps of Engineers, and the U. S. Public Health Service, referred to as the federal defendants, filed a motion to dismiss and in opposition to the motion for temporary restraining order on April 3, 1981 which was opposed with oral argument by plaintiffs during the April 6, 1981 hearing. The Court finds that the presence or absence of probability of success...

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