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FIORE v. KELLY RUN SANITATION, INC.

Civ. A. No. 84-1171.

609 F.Supp. 909 (1985)

William FIORE t/d/b/a Municipal and Industrial Disposal Company, Plaintiff, v. KELLY RUN SANITATION, INC., Gary L. Fiore, Marino Fiore a/k/a "Jumbo Fiore", and Margaret Fiore and Browning Ferris Industries, Inc. and Robert A. Johnson, Stephen L. Thomas, Loren E. Beck, Karel T. Pekarek, John Drury, and Browning Ferris Industries of Pennsylvania, Inc., and William Curtis, Clifford Bright, Edward Benko, William Pittman and Department of Environmental Resources, and Charles A. Duritsa a/k/a "Chuck Duritsa", Tony Orlando and V. Vincent Luci, Defendants.

United States District Court, W.D. Pennsylvania.

May 30, 1985.

Attorney(s) appearing for the Case

Henry G. Beamer, Metz Cook Hanna Welsh Bluestone & Beamer, Pittsburgh, Pa., for plaintiff.

Thomas F. Halloran, Sr. Deputy Atty. Gen., Pittsburgh, Pa., for Dept. of Environmental Resources.

Dennis Strain, Comm. of Pennsylvania, Dept. of Environmental Resources, Pittsburgh, Pa., for defendant Duritsa.

William B. Mallin, George Cornelius, Eckert, Seamans, Cherin & Mellott, Pittsburgh, Pa., for Browning Ferris Industries, Inc.

P. Christian Hague, Meyer, Unkovic & Scott, Pittsburgh, Pa., for BFI of Pa. Inc.

Alexander H. Lindsay, Jr., Butler, Pa., for V. Vincent Luci.

Frederick W. Thieman, Pittsburgh, Pa., for Anthony Orlando.

Richard A. Ferris, Pittsburgh, Pa., for Kelly Run Sanitation, Inc. and Gary, Marino and Margaret Fiore.

OPINION

WEBER, District Judge.

This action seeking compensatory and punitive damages as well as injunctive relief was brought by an individual involved in the business of trash hauling and disposal against various competitors, the Pennsylvania Department of Environmental Resources (DER), and three DER employees. The complaint, which has undergone various amendments, alleges that all defendants were involved in violations of the Racketeering Influenced and...

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