Legal Opinion

Comfort Lake Association, Inc., Plaintiff--Appellant/cross v. Dresel Contracting, Inc. Fain Companies, Defendants--Appellees/cross

Court of Appeals for the Eighth Circuit

Decided April 14, 1998No. 96-3654, 96-3919 and 96-4220PublishedCited by 60 opinions

1Opinion of the Court

LOKEN, Circuit Judge.

Comfort Lake Association, Inc. (“Comfort Lake”), filed this citizen suit seeking injunc-tive relief, civil penalties, and costs and attorney’s fees against Dresel Contracting, Inc., and Fain Companies (“Dresel and Fain”) for alleged violations of the Federal Water Pollution Control Act, 33 U.S.C. §§ 1251-1387, commonly known as the Clean Water Act. The district court 1 initially denied Dresel and Fain’s motion for summary judgment, rejecting their contention that the Minnesota Pollution Control Agency (“MPCA”) had commenced and was diligently prosecuting an administrative…

2Cases cited16 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. United States v. W. T. Grant Co.Supreme Court of the United States · 1953
  3. Lewis v. Continental Bank Corp.Supreme Court of the United States · 1990
  4. Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc.Supreme Court of the United States · 1987
  5. United States v. Concentrated Phosphate Export Assn., Inc.Supreme Court of the United States · 1968

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3Cited by60 opinions

  1. Environmental Conservation Organization v. City of DallasCourt of Appeals for the Fifth Circuit · 2008
  2. Richard Ray Layton Billy R. Penny v. Ted Elder, as County Judge of Montgomery County, ArkansasCourt of Appeals for the Eighth Circuit · 1998
  3. Ellis v. Gallatin Steel Co.Court of Appeals for the Sixth Circuit · 2004
  4. Harry Truman Ailor and Betty Darlene Lynch v. City of Maynardville, TennesseeCourt of Appeals for the Sixth Circuit · 2004
  5. Community Association for Restoration of the Environment, a Washington Nonprofit Corporation v. Henry Bosma Dairy, a Washington Proprietorship AKA Hank Bosma Dairy AKA Bosma Dairy AKA H & S Dairy AKA H & S Bosma Dairy AKA B & M Dairy Liberty Dairy, a Washington Proprietorship Henry Bosma, Owner and Operator, Community Association for Restoration of the Environment, a Washington Nonprofit Corporation v. Henry Bosma Dairy, a Washington Proprietorship AKA Hank Bosma Dairy AKA Bosma Dairy AKA H & S Dairy AKA H & S Bosma Dairy AKA B & M Dairy Liberty Dairy, a Washington Proprietorship Henry Bosma, Owner and OperatorCourt of Appeals for the Ninth Circuit · 2002

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