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Genessee Brewing Co. v. Sodus Point, Village of

ELR Citation: 14 ELR 20501
Nos. No. 83-7764, 733 F.2d 258/(2d Cir., 05/01/1984)

The court rules that appellant has no federal right to a refund of payments it made under state laws implementing the repealed industrial cost recovery provisions of §204 of the Federal Water Pollution Control Act. The court substantially adopts the reasoning of the district court that, since the payments were made under state law, appellant's rights depend on state law. The federal repeal provision did not mandate return of payments made, as were these, during the federal moratorium on payments, so no federal right was implicated and no federal jurisdiction existed.

Counsel for Appellant
Ragna Henrichs
Nixon, Hargrave, Devans & Doyle
Lincoln First Twr., P.O. Box 1051, Rochester NY 14603
(716) 546-8000

Counsel for Appellee
John Nesbitt
Nesbitt & Nesbitt
122 Cuyler St., Palmyra NY 14522
(315) 597-4801

Before Timbers, Cardamone, and Tenney,* JJ.