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MID-AMERICAN WASTE v. CITY OF GARY, INDIANA

Nos. 94-3602, 94-3729.

49 F.3d 286 (1995)

MID-AMERICAN WASTE SYSTEMS, INC., and Mid-American Waste Systems of Indiana, Inc., Plaintiffs-Appellants, Cross-Appellees, v. CITY OF GARY, INDIANA, et al., Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided February 22, 1995.

Rehearing and Suggestion for Rehearing Denied March 20, 1995.

Attorney(s) appearing for the Case

Steven R. Crist (argued), Michael D. Sears, Marilyn R. Holscher, Patrick B. McEuen, Singleton, Crist, Patterson, Austgen & Lyman, Munster, IN, for Mid-American Waste Systems, Inc., Mid-American Waste Systems of Indiana, Inc.

Gilbert King, Jr., CC, MacArthur Drake (argued), Hamilton L. Carmouche, Margaret L. Felton (argued), City of Gary Law Dept., Gary, IN, for City of Gary, Thomas Barnes, Marvin Exom, Douglas Wright, Gardest Gillespie, Gerald Hayes, Frank Ballard, Cleveland Rouster, Cleo Wesson, Leon Hamilton, Roy Pratt, Charles Hughes, Dorothy Allen.

Before COFFEY and EASTERBROOK, Circuit Judges, and McDADE, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied March 20, 1995.

EASTERBROOK, Circuit Judge.

The status of the Gary Landfill has been the subject of continuous litigation since Indiana's pollution control officials ordered its closure in 1977. Throughout the 1980s the City of Gary continued to operate the landfill, sometimes in violation of both administrative and judicial orders. An agreement in 1988 permitted the City to continue operating the landfill...

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