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ATLANTIC CITY MUN. UTILITIES v. REGIONAL ADM'R

Civ. A. No. 85-0906.

616 F.Supp. 722 (1985)

ATLANTIC CITY MUNICIPAL UTILITIES AUTHORITY, Plaintiff, v. REGIONAL ADMINISTRATOR, REGION II, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Defendant.

United States District Court, D. New Jersey.

August 27, 1985.

Attorney(s) appearing for the Case

Slap, Williams & Cuker, By: Albert J. Slap (argued) Philadelphia, Pa., admitted pro hac vice and John C. Matthews, Atlantic City, N.J., for plaintiff.

Mary Gibbons Whipple, Asst. U.S. Atty., Trenton, N.J., and Ann C. Hurley, U.S. Dept. of Justice, Environmental Defense Section, Washington, D.C., for defendant.

OPINION

COHEN, Senior District Judge:

This injunctive action is before the Court on a motion to dismiss for lack of subject matter jurisdiction made by the defendant, the Regional Administrator of Region II (the Regional Administrator) of the United States Environmental Protection Agency (EPA). Alternatively, the EPA seeks summary judgment on the merits of the underlying action which has been brought pursuant to the citizen suit provision of the Federal...

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