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PEOPLE OF STATE OF ILL. v. CITY OF MILWAUKEE

Nos. 77-2246, 81-2236.

731 F.2d 403 (1984)

PEOPLE of the STATE OF ILLINOIS, Plaintiff-Appellee, and People of the State of Michigan, Intervening Plaintiff-Appellee, v. CITY OF MILWAUKEE, The Sewerage Commission of the City of Milwaukee and The Metropolitan Sewerage Commission of the County of Milwaukee, Defendants-Appellants. William J. SCOTT, on his own behalf and on behalf of all persons similarly situated, Plaintiff, v. CITY OF HAMMOND, INDIANA; United States Environmental Protection Agency; Douglas M. Costle, Administrator of the United States Environmental Protection Agency; and the Hammond-Munster Sanitary District, Defendants, and PEOPLE of the STATE OF ILLINOIS and the Metropolitan Sanitary District of Greater Chicago, a municipal corporation, Plaintiffs, v. The SANITARY DISTRICT OF HAMMOND, a municipal corporation; Joseph A. Perry; Thomas C. Conley; Gilbert De Lancy; Theodore Dunajeski; and the City of Hammond, Indiana, a municipal corporation, Defendants.

United States Court of Appeals, Seventh Circuit.

Decided March 27, 1984.

As Amended on Denial of Rehearing and Rehearing May 29, 1984.

Attorney(s) appearing for the Case

Jeremiah Marsh, Hopkins & Sutter, Chicago, Ill., Elwin J. Zarwell, Milwaukee, Wis., for defendants-appellants.

Joseph V. Karaganis, Philip B. Kurland, Rothschild, Barry & Myers, Chicago, Ill., for plaintiff-appellee.

Before SPRECHER, Circuit Judge, CUDAHY, Circuit Judge, and FAIRCHILD, Senior Circuit Judge.

As Amended on Denial of Rehearing and Rehearing En Banc May 29, 1984.

FAIRCHILD, Senior Circuit Judge.

These appeals involve resort by a state (in one case by a citizen of that state) to state law nuisance remedies to deal with pollution of its portion of an interstate body of water, resulting from the discharge of pollutants in another state.

Appeal No. 77-2246 (the Milwaukee case) is here on remand from the Supreme Court of the United States...

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