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ATLANTIC STATES LEGAL FOUND. v. EASTMAN KODAK

No. 91-CV-6471T.

809 F.Supp. 1040 (1992)

ATLANTIC STATES LEGAL FOUNDATION, INC., Plaintiff, v. EASTMAN KODAK COMPANY, Defendant.

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

December 28, 1992.

Attorney(s) appearing for the Case

Charles M. Tebbutt, Allen, Lippes & Shonn, Buffalo, NY, for plaintiff.

Philip H. Gitler, Whiteman, Osterman & Hanna, Albany, NY, for defendant.

DECISION AND ORDER

TELESCA, Chief Judge.

INTRODUCTION

This action was commenced November 14, 1991, pursuant to § 505 of the Federal Water Pollution Control Act (the "Clean Water Act" or "Act"), as amended, 33 U.S.C.A. § 1365 (West 1986 and Supp. 1992), which authorizes citizens to commence actions ("citizens suits") against persons alleged to have violated "effluent standards or [other limitations on the release of pollutants into the...

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