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I. C. C. v. BROWNING-FERRIS INDUSTRIES, INC.

No. CV 80-M-1489.

529 F.Supp. 287 (1981)

INTERSTATE COMMERCE COMMISSION, Plaintiff, v. BROWNING-FERRIS INDUSTRIES, INC., Defendant.

United States District Court, N. D. Alabama, W. D.

December 21, 1981.

Attorney(s) appearing for the Case

Daniel S. Linhardt, Charles E. Wagner, Stanley M. Braverman, Francine Pinto, I. C. C., Washington, D. C., for plaintiff.

Edward S. Allen, John P. Scott, Jr., Balch, Bingham, Baker, Hawthorne, Williams & Ward, Birmingham, Ala., David A. Sutherland, Fulbright & Jaworski, Washington, D. C., Bernard H. McLaughlin, Jr., Stockwell, Sievert, Viccellio, Clements & Shaddock, Lake Charles, La., Merrick C. Walton, Houston, Tex., for Browning-Ferris Industries, Inc.

MEMORANDUM OPINION

McFADDEN, Chief Judge.

Plaintiff seeks to enjoin defendant from the interstate transportation of hazardous wastes until defendant obtains appropriate operating authority from plaintiff pursuant to 49 U.S.C. § 10921.

This action was filed on November 10, 1980, along with motions for a temporary restraining order and for a preliminary injunction. Plaintiff, on the day of filing, abandoned the motions for temporary and preliminary...

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