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ATWELL v. KW PLASTICS

No. Civ.A. 01-A-1188-N.

213 F.Supp.2d 1294 (2002)

Jimmy ATWELL, Plaintiff, v. KW PLASTICS and Sanders Lead Company, Inc., Defendants.

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

July 18, 2002.

Attorney(s) appearing for the Case

G. Keith Clark, Montgomery, AL, for plaintiff.

Nicholas J. Cervera, Troy, AL, Robert N. Steinwurtzel, Washington, DC, for defendants.

MEMORANDUM OPINION

ALBRITTON, Chief Judge.

I. INTRODUCTION

This cause is before the court on the Defendants' Motion to Dismiss Plaintiff's First Amended Complaint (Doc. # 23), filed on March 29, 2002. Plaintiff Jimmy Atwell's First Amended Complaint (Doc. # 18) was filed on March 2, 2002. Atwell brings a citizen suit under § 1365(a) of the Clean Water Act ("CWA"), 33 U.S.C. § 1251 et seq., alleging violations...

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