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U.S. E.P.A. v. NEW ORLEANS PUBLIC SERVICE, INC.

No. 86-4577.

826 F.2d 361 (1987)

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Plaintiff-Appellee. v. NEW ORLEANS PUBLIC SERVICE, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 3, 1987.

Attorney(s) appearing for the Case

Monroe & Lemann, Eugene G. Taggart, New Orleans, La., for defendant-appellant.

Beth S. Ginsberg, Lawrence E. Blatnik, Attys., U.S. Dept. of Justice, Washington, D.C., James W. Ingram, Carmen Lopez, Dallas, Tex., for plaintiff-appellee.

Before WILLIAMS and HILL, Circuit Judges, and MENTZ, District Judge

MENTZ, District Judge:

BACKGROUND

This is a petition for review of an order of the Administrator of the United States Environmental Protection Agency (EPA) assessing a civil penalty under Section 16 of the Toxic Substances Control Act (TSCA), 15 U.S.C. § 2601 et seq. (1982). This Court has jurisdiction pursuant to Section 16(a)(3) of the TSCA.

In 1955 New Orleans Public Service, Inc. (NOPSI) purchased three, 5000 pound 1250 KVA transformers...

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