CITY OF GALLATIN v. CHEROKEE COUNTY

No. TY-81-107-CA.

563 F.Supp. 940 (1983)

CITY OF GALLATIN v. CHEROKEE COUNTY.

United States District Court, E.D. Texas, Tyler Division.

January 17, 1983.


Attorney(s) appearing for the Case

John O. Davis, A.D. Henderson, Palestine, Tex., Mike Hatchell (for appeal purposes), Ramey, Flock, Hutchins, Jeffus, McClendon & Crawford, Tyler, Tex., for plaintiff.

Larry R. Sinclair, Rusk, Tex., John Robert Adamson, Jacksonville, Tex., for defendant.


Memorandum Opinion

JUSTICE, Chief Judge.

The plaintiff, the City of Gallatin, Texas, has brought this civil action under the "citizen suit" provision of the Resource Conservation and Recovery Act of 1976, as amended ("RECRA"). 42 U.S.C. § 6972(a), § 6901, et seq. In its complaint, plaintiff alleges that the defendant, Cherokee County, Texas, is constructing an "open dump", which is prohibited by RECRA at 42 U.S.C. § 6945...

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