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DAYTON POWER & LIGHT CO. v. BROWNER

No. Civ.A. 97-3074(JLG).

44 F.Supp.2d 356 (1999)

DAYTON POWER & LIGHT CO., and Entergy Services, Inc., Plaintiffs, v. Carol BROWNER, EPA Administrator, et al., Defendants.

United States District Court, District of Columbia.

Supplemental Memorandum April 8, 1999.

Attorney(s) appearing for the Case

William M. Bumpers, Clara C. Poffenberger, Baker & Bott, Washington, DC; for plaintiffs.

Mary F. Edgar, Kim L. Simmons, Dept. Of Justice, Environmental Defense Section, Washington, DC, Amber Aranda, Laurel Celeste, Attorney Advisor, U.S. Environmental Protection Agency, Washington, DC, for defendants.

MEMORANDUM

JUNE L. GREEN, District Judge.

This matter is before the Court on cross-motions for summary judgment, pursuant to Federal Rule of Civil Procedure 56(a). The Plaintiffs, The Dayton Power and Light Company and Entergy Services, Inc., seek judicial review, under the Administrative Procedure Act, 5 U.S.C. § 706, of a final rule issued by the United States Environmental Protection Agency ("EPA") under sections 313(b) and 328 of the Emergency...

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