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COM'R OF IND. DEPT. OF ENV. MGT. v. TERRE HAUTE R. INC.

No. TH 89-256-C.

761 F.Supp. 631 (1991)

COMMISSIONER OF the INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, Plaintiff, v. TERRE HAUTE, BRAZIL & EASTERN RAILROAD, INC., Girard Point Transfer Station, Inc., United Waste Removal, Inc., and O.K. Storage, Transfer & Cartage, Inc., Defendants.

United States District Court, S.D. Indiana, Terre Haute Division.

February 19, 1991.

Attorney(s) appearing for the Case

Michael Schaefer, Mary Ann Habeeb, Dist. Attys. Gen., Richard Gordon, Deputy Com'r, Ind. Dept. of Environmental Management, Indianapolis, Ind., for plaintiff.

George M. Plews, Sue A. Shadley, Peter M. Racher, Pendygraft Plews & Shadley, Indianapolis, Ind., for Girard Point Transfer Station, Inc.

Alan K. Mills, Mark E. Shere, Barnes & Thornburg, Indianapolis, Ind., for United Waste Removal, Inc.

MEMORANDUM

BROOKS, Chief Judge.

This matter is before the Court upon Motion to Remand by the Plaintiff, the Commissioner of the Indiana Department of Environmental Management. The Plaintiff commenced this action in the Clay Circuit Court on October 18, 1989. On October 26, 1989, Defendant Girard Point Transfer Station, Inc. removed the matter to this Court.

The basis of the motion to remand is that the Department feels that its complaint relies solely...

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