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U.S. v. CONFEDERATE ACRES SEWAGE & DRAINAGE SYSTEM

No. 90-6072.

935 F.2d 796 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. CONFEDERATE ACRES SANITARY SEWAGE AND DRAINAGE SYSTEM, INC., Defendant-Appellee, and Natural Resources and Environmental Protection Cabinet of the Commonwealth of Kentucky, Third Party Defendant, and Louisville and Jefferson County and Metropolitan Sewer District, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 11, 1991.

Rehearing and Rehearing Denied August 22, 1991.

Attorney(s) appearing for the Case

Joseph M. Whittle, U.S. Atty., Richard A. Dennis, Asst. U.S. Atty., Office of U.S. Atty., Louisville, Ky., Robert L. Klarquist, Jeffrey P. Kehne (argued), and Anna Thode, U.S. Dept. of Justice, Land & Natural Resources Div., Washington, D.C., for U.S.

Richard L. Masters (argued), Evans, Bishop, Masters & Mullins, Allen K. Gailor, Louisville, Ky., for defendant-appellee.

Laurence J. Zielke and Charles F. Merz (argued), Pedley, Ross, Zielke, Gordinier & Porter, Louisville, Ky., for defendant-appellant.

Before JONES and SUHRHEINRICH, Circuit Judges, and FEIKENS, Senior District Judge.

Rehearing and Rehearing En Banc Denied August 22, 1991.

FEIKENS, Senior District Judge.

The United States brought suit in federal district court against Confederate Acres Sanitary Sewage and Drainage System ("Confederate Acres"), a private wastewater treatment plant, for violations of the Clean Water Act ("CWA"), 33 U.S.C. §§ 1251-1387. The district court found that Confederate Acres was in violation of...

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