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U.S. ECOLOGY v. STATE OF NEV., DEPT. OF HUMAN RES.

No. CV-R-82-357-ECR.

557 F.Supp. 464 (1983)

U.S. ECOLOGY, INC., a California corporation, Plaintiff, v. The STATE OF NEVADA, DEPARTMENT OF HUMAN RESOURCES, an agency within the meaning of Chapter 233B, Nevada Revised Statutes; State Board of Health, an agency within the meaning of Chapter 233B, Nevada Revised Statutes; and Brian McKay, Attorney General of Nevada, Defendants.

United States District Court, D. Nevada.

February 22, 1983.

Attorney(s) appearing for the Case

Vargas & Bartlett, Reno, Nev. and Latham & Watkins, Los Angeles, Cal., for plaintiff.

D. Brian McKay, Atty. Gen. of Nev., Carson City, Nev., for all defendants except State Bd. of Health.

Leonard I. Gang, Las Vegas, Nev., for defendant State Bd. of Health.

ORDER

EDWARD C. REED, Jr., District Judge.

The defendants have made a written motion to dismiss on the ground that the issues the plaintiff seeks to raise in this forum are not ripe for review. It is contended that the existence of a case or controversy won't be determinable until a Nevada State Court has acted in a pending case among the same parties. In the alternative, the defendants' motion asks for entry of an abstention order which would stay any further...

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