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PURE WATERS, INC. v. MICHIGAN DEPT. OF NATURAL RESOURCES

No. 94-CV-74869.

873 F.Supp. 41 (1994)

PURE WATERS, INC., a not-for-profit corporation, Plaintiff, v. MICHIGAN DEPARTMENT OF NATURAL RESOURCES, Roland Harms, Director; Oakland County Drain Commission, George W. Kuhn, Commissioner; Chapter 20 Combined Sewer Overflow Drain Board, George W. Kuhn, Chairman; and City of Birmingham, Thomas M. Markus, City Manager, Defendants.

United States District Court, E.D. Michigan, Southern Division.

December 23, 1994.

Attorney(s) appearing for the Case

Jean Ligon, Ligon & Naber, Brighton, MI, David S. Bailey, Beaverdam, VA, for plaintiff.

John Scherbarth, Asst. Atty. Gen., Lansing, MI, for defendant MDNR.

Timothy J. Currier, P. Daniel Christ, Beier Howlett, P.C., Bloomfield Hills, MI, for defendant City of Birmingham.

Miller, Canfield, Paddock & Stone, Detroit, MI, for defendant Oakland County Drain Com'n and Chapter 20 Birmingham CSO Drain Board.

CORRECTED OPINION AND ORDER DENYING TEMPORARY RESTRAINT AND CERTIFICATION

FEIKENS, District Judge.

The Rouge River in southeastern Michigan has been a conduit of polluted waters for many years.

In my order, dated December 19, 1994, I referred to Civil Action No. 87-70992. That case, through consolidation, is an important instrument through which corrective measures are being taken to cure problems in that area which are similar to the pollution...

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