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CALDWELL v. GURLEY REFINING CO.

No. J-C-79-101.

533 F.Supp. 252 (1982)

R. A. CALDWELL, Plaintiff, v. GURLEY REFINING COMPANY, William M. Gurley, Larry M. Gurley, United States Environmental Protection Agency, Douglas M. Costle, Administrator of the United States Environmental Protection Agency and Neil Goldschmidth, Secretary of the United States Department of Transportation, Defendants.

United States District Court, E. D. Arkansas, Jonesboro Division.

February 11, 1982.

Attorney(s) appearing for the Case

Charles R. Nestrud, House, Holmes & Jewell, Little Rock, Ark., for plaintiff.

Rieves, Rieves & Shelton, West Memphis, Ark., for Gurley Refining Co., William M. Gurley and Larry M. Gurley.

Diane S. Mackey, Ass't U. S. Atty., Little Rock., Ark., Judson W. Starr, U. S. Dept. of Justice and Natural Resources, Division, Environmental Enforcement Sec., Washington, D.C., and Charles G. Field, U. S. EPA, Washington, D. C., for defendants.

MEMORANDUM ORDER

WOODS, District Judge.

This case is before us on the defendant Environmental Protection Agency's motion to dismiss. The facts set forth in the complaint, which for purposes of this motion we accept as true, allege that the plaintiff R. A. Caldwell owns a tract of land in Crittenden County, Arkansas which he has leased to the defendant Gurley for purposes of waste disposal. Prior to entering into the lease, Gurley was notified by the Arkansas...

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