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U.S. EPA v. ENVIRONMENTAL WASTE CONTROL, INC.

No. S87-55.

710 F.Supp. 1172 (1989)

UNITED STATES OF AMERICA (EPA), Plaintiff, and Supporters to Oppose Pollution, Inc., Intervenor-Plaintiff, v. (1) ENVIRONMENTAL WASTE CONTROL, INC., d/b/a Four County Landfill; (2) Steven W. Shambaugh; (3) James A. Wilkins; and (4) West Holding Company, Defendants.

United States District Court, N.D. Indiana, South Bend Division.

As Corrected April 17, 1989.

Attorney(s) appearing for the Case

Robert Oakley, F. Henry Habicht, Frank Bentkover, Sam Boxerman, Environmental Enforcement Section, Land & Natural Resources Div., U.S. Dept. of Justice, Anna Thode, Office of Enforcement & Compliance Monitoring, U.S. Dept. of Justice, Washington, D.C., Victor A. Franklin, Asst. Regional Counsel, U.S. E.P.A., Region V, Chicago, Ill., Andrew A. Baker, Jr., Asst. U.S. Atty., Hammond, Ind., Clifford D. Johnson, Asst. U.S. Atty., South Bend, Ind., for the U.S.E.P.A.

John C. Hamilton, South Bend, Ind., Charles Tebutt, Syracuse, N.Y., for Supporters to Oppose Pollution, Inc.

George W. Pendygraft, George Plews, Indianapolis, Ind., James H. Pankow, South Bend, Ind., for all defendants.

MEMORANDUM AND ORDER

MILLER, District Judge.

This cause came before the court for trial without intervention of jury commencing December 5, 1988. Following thirty-one days of evidence and argument, the court now enters this memorandum opinion intended to comply with Fed.R.Civ.P. 52(a).

The case involves several issues of law on which no court has ruled before. The United States Environmental Protection Agency ("EPA") and a citizens' group known as...

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