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ARMSTRONG v. ASARCO, INC.

No. 96-3277.

138 F.3d 382 (1998)

John ARMSTRONG; Heather Potter, Plaintiffs-Appellees, v. ASARCO, INC., a New Jersey Corporation, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee. John Armstrong; Heather Potter, Intervenor Plaintiffs-Appellees, v. ASARCO, INC. Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided March 9, 1998.

Rehearing Denied April 22, 1998.

Attorney(s) appearing for the Case

Peter J. Nickles, Washington, DC, argued (Neil A. Riemann, Lawrence J. Jensen and Steven E. Guenzel, on the brief), for Defendant-Appellant.

David K. Rees, Denver, CO, argued (Richard A. DeWitt, Robert S. Lannin and Kimberly J. Graber, on the brief), for Plaintiffs-Appellees.

Before McMILLIAN, ROSS and FAGG, Circuit Judges.

McMILLIAN, Circuit Judge.

ASARCO, Inc. (ASARCO), a New Jersey corporation which owns and operates a lead refinery in Omaha, Nebraska, appeals from a final order entered in the United States District Court1 for the District of Nebraska, awarding litigation costs to citizen plaintiffs John Armstrong and Heather Potter (plaintiffs) in their action against ASARCO pursuant to the federal Clean Water...

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