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L & H SANITATION, INC. v. LAKE CITY SANITATION, INC.

No. B-C-82-93.

585 F.Supp. 120 (1984)

L & H SANITATION, INC., Frank Fiore, Chester D. Johns, d/b/a Heber Springs Sanitation, W.R. Brown, d/b/a Brown Bag, Raymond Goff, Carl and Kerry Philamlee, Leon Lackey and Merford Bell, Plaintiffs, v. LAKE CITY SANITATION, INC. H.G. Smith, Richie A. Lee, Richard L. Johnston, Harold R. Verser, Joel Pilkinton, Raymond E. Robus, John E. Evans, Newton Burl Parish and J.C. Hawkins, Defendants.

United States District Court, E.D. Arkansas, N.D.

March 2, 1984.

Attorney(s) appearing for the Case

Merl Barns, Little Rock, Ark., Terry Lynn, Heber Springs, Ark., for plaintiffs.

Mark W. Grobmyer, Little Rock, Ark., for Lake City Sanitation.

J. Russell Green, Heber Springs, Ark., Patrick R. James, Little Rock, Ark., for others.

ORDER

EISELE, Chief Judge.

There remains in this case a single claim founded on federal jurisdiction, and it is the subject of a pending motion to dismiss. For the reasons stated below, the motion will be granted.

The following facts appear to be undisputed by all parties. In 1981, the city of Heber Springs was notified by the State of Arkansas that it would have to close its city dump for pollution reasons no later than late spring or early summer...

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