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MARSHALL DURBIN CO. v. U.S. ENVIRON. PROT. AGCY.

No. 85-7331.

788 F.2d 1490 (1986)

MARSHALL DURBIN COMPANY OF JASPER, INC.; Earl Forrester, Plaintiffs-Appellants, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; William D. Ruckelshaus; Charles R. Jeter; Alabama Department of Environmental Management; Joe B. Broadwater; William T. Manasco; Jasper Utilities Board, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

May 9, 1986.

Attorney(s) appearing for the Case

C. Lee Reeves, Sirote, Permutt, Friend, Friedman, Held & Apolinsky, Birmingham, Ala., R. Sarah Compton, McDermott, Will & Emery, Kurt J. Olson, Daniel C. Beckhard, Washington, D.C., for plaintiffs-appellants.

Arthur E. Gowran, Robert L. Klarquist, Appellate Section, U.S. Dept. of Justice, Land & Natural Resources Div., Washington, D.C., for defendants-appellees.

Olivia Hardy Hudgins, Montgomery, Ala., for Alabama Dept. of Environmental Management, Joe Broadwater & William T. Manasco.

Frank W. Donaldson, U.S. Atty., Herbert J. Lewis, III, Asst. U.S. Atty., Birmingham, Ala., for U.S. defendant-appellee.

Edward R. Jackson, Jasper, Ala., for Jasper Utilities Board.

Before GODBOLD, Chief Judge, ANDERSON, Circuit Judge, and ATKINS, Senior District Judge.

GODBOLD, Chief Judge:

Plaintiff Durbin Company operates a chicken processing plant in Jasper, Alabama, that discharges wastewater into the Jasper publicly-owned treatment works ("plant"). Plaintiff Forrester is a resident of Jasper whose residence is connected to the Jasper sewer system, which discharges wastewater into the Jasper plant. Each plaintiff is charged a user fee by the Jasper Utilities Board.

The Jasper plant is regulated by the Environmental Protection...

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