UNITED STATES of America, Plaintiff,
v.
WASTE INDUSTRIES, et al., Defendants.
United States District Court, E.D. North Carolina, Wilmington Division.https://leagle.com/images/logo.png
December 30, 1982.
December 30, 1982.
Attorney(s) appearing for the Case
Abraham Penn Jones, Asst. U.S. Atty., E.D.N.C., Raleigh, N.C., for plaintiff, United States of America.
A. Dumay Gorham, Jr., Marshall, Williams, Gorham & Brawley, Wilmington, N.C., for defendants, Waste Industries, Inc., Waste Industries of New Hanover, Inc.
Robert R. Reilly, Dept. of Justice, Human Resources Section, Raleigh, N.C., for third-party defendants, North Carolina Dept. of Human Resources and North Carolina Dept. of Natural Resources and Community Development.
David J. Noonan, Legal Services of the Lower Cape Fear, Wilmington, N.C., for third-party defendant, Flemington Residents Ass'n.
Henry G. Foy, Frink, Foy & Gainey, Southport, N.C., for third-party defendants, Daniel A. Malpass, et al.
Davey L. Stanley, Stanley & Gore, Shallotte, N.C., for third-party defendants, Daniel A. Malpass, et al.
Fred B. Davenport, Jr., Murchison, Fox & Newton, Wilmington, N.C., for defendant, New Hanover County.
Laura E. Crumpler, Asst. City Atty., Wilmington, N.C., for third-party defendant, City of Wilmington.
Virginia G. Mahoney, James L. Nelson, Nelson, Smith & Hall, Wilmington, N.C., for third-party defendants, A-1 Sanitation Services, Inc. and Rural Enterprises.
Auley M. Crouch, III, Burney, Burney, Barefoot & Bain, Wilmington, N.C., for third-party defendant, Trash Removal Service, Inc.
Alton Y. Lennon, Stevens, McGhee, Morgan & Lennon, Wilmington, N.C., for third-party defendant, A & M Sanitation.
David O. Ledbetter, U.S. Dept. of Justice, Land & Natural Resources Division, Hazardous Waste Section, Washington, D.C., for plaintiff, United States of America.
William L. Hill, II, Hogue, Hill, Jones, Nash & Lynch, Wilmington, N.C., for defendants, A.D. Royal, et al.
Gywn P. Newsom, EPA, Atlanta, Ga., Ann Strickland, Attorney, O.H.W.E., EPA, Washington, D.C.
United States District Court, E.D. North Carolina, Wilmington Division.
MEMORANDUM OPINION
BRITT, District Judge.
I
PROCEDURAL BACKGROUND
This action was instituted in the name of the United States by the Administrator of the Environmental Protection Agency seeking injunctive relief to correct a ground water contamination problem in New Hanover County allegedly caused by the leaching of toxic wastes from the Flemington landfill. Named as defendants were Waste Industries, Inc., and Waste Industries of New...
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