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SEABOARD SYS. R.R., INC. v. CLEMENTE

Nos. 83-2515, 83-2623 and 83-2464.

467 So.2d 348 (1985)

SEABOARD SYSTEM RAILROAD, INC., Lone Star Building Centers (Eastern), Inc., and Futura Coral Way Properties 1, Ltd., Appellants, v. Anthony J. CLEMENTE As Director of the Department of Environmental Resources Management, for and On Behalf of METROPOLITAN DADE COUNTY, etc.; Stanley Davidson, Individually, Appellees. Anthony J. CLEMENTE As Director of the Department of Environmental Resources Management, for and On Behalf of METROPOLITAN DADE COUNTY etc., Appellant, v. SEABOARD SYSTEM RAILROAD, INC., and Futura Coral Way Properties 1, Ltd., Appellees. FUTURA CORAL WAY PROPERTIES 1, LTD., and Seaboard System, Etc., Appellants, v. Anthony J. CLEMENTE As Director Etc., for and On Behalf of METROPOLITAN DADE COUNTY, Appellee.

District Court of Appeal of Florida, Third District.

As Corrected on Denial of Rehearing April 30, 1985.

Attorney(s) appearing for the Case

Goodwin, Ryskamp, Welcher & Carrier and Kenneth Ryskamp, Miami, for Seaboard.

Peeples, Earl, Reynolds & Blank and Nina S. Kole and Robert Blank, Miami, for Lone Star.

Greenberg, Traurig, Askew, Hoffman, Lipoff, Rosen & Quentel and Clifford Schulman and Timothy A. Smith, Miami, for Futura in No. 83-2515.

Morgan, Lewis & Bockius and Richard A. Pettigrew, Miami, for Davidson.

Robert A. Ginsburg, County Atty. and Peter S. Tell, Asst. County Atty., Miami, for Clemente.

Lapidus & Stettin and Richard L. Lapidus, Miami, for Futura in No. 83-2464.

Before BASKIN, DANIEL S. PEARSON and JORGENSON, JJ.

BASKIN, Judge.

In these consolidated appeals we are asked to decide the extent of the respective responsibilities of various corporate and individual parties for the elimination and disposal of toxic waste material (toxic sludge) which has accumulated and continues to accumulate on the property located at 7000 Coral Way [the site] in such massive concentrations as to pose a threat to the ground water of Dade County. The trial court issued a preliminary injunction...

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