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BETTIS v. TOWN OF ONTARIO, N.Y.

No. 92-CV-6106.

800 F.Supp. 1113 (1992)

Bruce M. BETTIS, Mary Jo Bettis, Richard S. Ferrara and Christine Ferrara, Plaintiffs, v. TOWN OF ONTARIO, NEW YORK, Lillian B. Galvin, as Executrix of the Last Will and Testament of Edward F. Galvin, Robert Mogray, Albert Blythe, Ronald Kreiling, Anthony Malone, Hershey-Malone, n/k/a M.R.B. Group, P.C., Virginia Scully, n/k/a Virginia Scully-Hill, David Allyn and H. John Coleman, Defendants.

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

September 17, 1992.

Attorney(s) appearing for the Case

Roy W. King, Rochester, N.Y., for plaintiffs.

Matthew J. Roe, Buffalo, N.Y., and Syracuse, N.Y., for defendants Town of Ontario, N.Y., Robert Mogray and Albert Blythe.

David Rothenberg, Geiger & Rothenberg, Rochester, N.Y., for defendant Lillian B. Galvin.

Roger W. Avery, Rochester, N.Y., for defendant Ronald Kreiling.

Theresa Conroy, Harter, Secrest & Emery, Rochester, N.Y., for defendants Anthony Malone and Hershey Malone.

Thomas A. McDermott, Rochester, N.Y., for defendant Virginia Scully.

H. John Coleman, pro se.

DECISION AND ORDER

LARIMER, District Judge.

BACKGROUND

Plaintiffs brought this action under the Federal Water Pollution Control Act, commonly known as the Clean Water Act ("CWA" or "the Act"), 33 U.S.C. § 1251 et seq., to obtain injunctive relief, a declaratory judgment, and money damages. Defendants have moved for summary judgment under Fed.R.Civ.P. 56.1

Plaintiffs are two married couples who own...

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