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ALA. DEPT. OF ENV. MGMT. v. SOUTHERN CLAY & ENERGY

No. CV-89-N-2071-J.

737 F.Supp. 80 (1990)

ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, Plaintiff, v. SOUTHERN CLAY AND ENERGY and Betty M. Gray, Defendants. SOUTHERN CLAY AND ENERGY and Betty M. Gray, Counterclaimant, v. James WARR, Charles Horn, Steve Jenkins and Steve Foster, Counterdefendants.

United States District Court, N.D. Alabama, Jasper Division.

March 23, 1990.

Attorney(s) appearing for the Case

James L. Wright, Alabama Dept. of Environmental Management, Office of General Counsel, Montgomery, Ala., for plaintiff.

Ronald Wesley Farley, Alabama Dept., Environmental Mgmt., Montgomery, Ala., for counter-defendants.

Joey K. James, Bunch & Associates, Florence, Ala., for defendants.

MEMORANDUM OF OPINION

EDWIN L. NELSON, District Judge.

This civil action was originally brought in the Circuit Court of Winston County, Alabama by the Alabama Department of Environmental Management, an agency of the State of Alabama. The Commission sought only injunctive relief and the collection of civil penalties against the defendants and based its claims entirely on provisions of state law. The defendants are a clay mining company and an individual....

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