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SIERRA CLUB v. HANNA FURNACE CORP.

No. CIV-82-1077E.

636 F.Supp. 527 (1985)

SIERRA CLUB, Plaintiff, v. The HANNA FURNACE CORPORATION, Defendant.

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

December 10, 1985.

Attorney(s) appearing for the Case

Anthony Z. Roisman, Washington, D.C., for plaintiff.

John W. Rickers, Buffalo, N.Y., for defendant.

MEMORANDUM AND ORDER

ELFVIN, District Judge.

Defendant has moved to dismiss this "citizen's suit" brought under 33 U.S.C. § 1365, section 505 of the Federal Water Pollution Control Act Amendments of 1972 ("the FWPCA"), for lack of subject matter jurisdiction and for failure to state a claim.

The alleged lack of jurisdiction is based upon plaintiff's asserted failure to notify the New York State Department of Environmental Conservation ("the...

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