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CONCERNED AREA RESIDENTS v. SOUTHVIEW FARM

No. 91-CV-6031L.

834 F.Supp. 1422 (1993)

CONCERNED AREA RESIDENTS FOR THE ENVIRONMENT, et al., Plaintiffs, v. SOUTHVIEW FARM and Richard Popp, Defendants.

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

October 19, 1993.

Attorney(s) appearing for the Case

Donald W. O'Brien Woods, Oviatt, Gilman, Sturman, & Clarke, Alan J. Knauf, Alan J. Knauf & Associates, P.C., Robert Burke, Burke & Rzepka, Rochester, NY, for plaintiffs.

John W. Clarke, Althena Jamesson, Harris, Beach & Wilcox, Rochester, NY, for defendants.

DECISION AND ORDER

LARIMER, District Judge.

BACKGROUND

This is a citizen suit under the Federal Water Pollution Control Act, also known as the Clean Water Act ("CWA" or "the Act"), 33 U.S.C. § 1251 et seq. Also originally pleaded were several supplemental state claims including negligence, nuisance and trespass. The relevant facts have been set out in this Court's prior decisions on defendants' motions to dismiss and for...

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