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ADAIR v. TROY STATE UNIVERSITY OF MONTGOMERY

Civ. A. No. 95-A-263-N.

892 F.Supp. 1401 (1995)

Allen ADAIR, et al., Plaintiffs, v. TROY STATE UNIVERSITY OF MONTGOMERY, et al., Defendants.

United States District Court, M.D. Alabama, Northern Division.

July 10, 1995.

Attorney(s) appearing for the Case

M. Wayne Sabel, Mark W. Sabel, Jr., Sabel & Sabel, P.C., Montgomery, AL, for plaintiffs.

Samuel Adams, Montgomery, AL, Richard Eldon Davis, Steve A. Tucker, Cabaniss, Johnston, Gardner, Dumas & O'Neal, Birmingham, AL, for defendants.

MEMORANDUM OPINION AND ORDER

ALBRITTON, District Judge.

INTRODUCTION

This cause is before the court on Defendants' Motion to Dismiss, filed on March 13, 1995. Plaintiffs brought this action on February 24, 1995, pursuant to 42 U.S.C. § 7604, the citizen suit provision of the Clean Air Act ("the Act" or "the CAA"). Plaintiffs sought injunctive relief, civil penalties and attorneys' fees...

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