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UNITED STATES v. WASTE INDUSTRIES, INC.

No. 83-1320.

734 F.2d 159 (1984)

UNITED STATES of America, Appellant, and Flemington Residents Association, Residents of the Flemington Area, Plaintiffs, v. WASTE INDUSTRIES, INC.; Waste Industries of New Hanover County, Inc.; New Hanover County; The New Hanover County Board of Commissioners; Ellen Williams, Vivian Wright, Claud O'Shields, Howard Armistead, Karen Gottovi, members of the present New Hanover County Board of Commissioners; A.D. Royal; Catherine G. Royal; Carmen M. Butler as Executor of The Estate of Lore R. Butler; Charles A. Royal, Jr.; Faye B. Royal; Eloise R. Peixotto; Elliott R. Peixotto; Mildred R. Simpson; Stephen D. Royal; Patricia V. Royal; Mildred Fleming; and Carmen M. Butler, Appellees, v. NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES and its Secretary, Sarah T. Morrow; North Carolina Department of Natural Resources and Community Development and its Secretary, Howard N. Lee; City of Wilmington; A-1 Sanitation Services, Inc.; Trash Removal Services, Inc.; Bill Hufham, Trading and Doing Business as Rural Enterprises; Jerry Saunders, Trading and Doing Business as A & M Sanitation; Daniel A. Malpass and wife, Janie C. Malpass; Rita Faye Joyner and James V. Joyner, Jr., By Their Duly Appointed Guardian Ad Litem, Annie M. Parker; Kathy Joyner Shoaf; Helen L. Henderson; Willie Jones and wife, Kathleen Jones; Annie M. Parker; Thomas W. Malpass; Jack Malpass and wife, Nancy N. Malpass; Daniel J. Malpass and wife, Ada C. Malpass; B.F. Eichorn, Jr. and wife, Juanita Eichorn; William Fales; Joseph Dale Watts and wife, Barbara W. Watts; Harvey D. Hales and wife, Karen L. Hales, Third-Party Defendants, Chemical Manufacturers Association, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided May 8, 1984.

Attorney(s) appearing for the Case

Wendy B. Jacobs, Dept. of Justice, Washington, D.C. (Courtney Price, Acting Gen. Counsel, Environmental Protection Agency; Carol E. Dinkins, Asst. Atty. Gen., Washington, D.C., Samuel T. Currin, U.S. Atty., Gary Clemmons, Asst. U.S. Atty., Raleigh, N.C., Martin W. Matzen, Dept. of Justice, Washington, D.C., on brief), for appellant.

A. Dumay Gorham, Jr., Wilmington, Del. (Marshall, Williams, Gorham & Brawley, Fred B. Davenport, Jr., Murchison, Taylor & Shell, William L. Hill, II, Hogue, Hill, Jones, Nash & Lynch, Wilmington, N.C., on brief), for appellees.

Robert W. Frantz, Chemical Manufacturers Ass'n, Washington, D.C. (David F. Zoll, Vice President and Gen. Counsel, Richard G. Stoll, Deputy Gen. Counsel, Washington, D.C., on brief), for amicus curiae.

Before WIDENER and SPROUSE, Circuit Judges, and BUTZNER, Senior Circuit Judge.

SPROUSE, Circuit Judge:

After the Environmental Protection Agency (EPA) investigated the Flemington landfill waste disposal site in New Hanover County, North Carolina (the Flemington landfill) for possible water pollution in the surrounding area, the United States of America for the Administrator of the EPA initiated this action against Waste Industries, Inc.; Waste Industries of New Hanover County, Inc.; the New Hanover County Board of Commissioners; and the individual...

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