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ENSCO, INC. v. DUMAS

No. 86-1410.

807 F.2d 743 (1986)

ENSCO, INC., Appellee, v. Mike DUMAS, as County Judge of Union County, Arkansas; Robert H. Archer, Margaret Compton, Gloria Ann Calhoun, Ken Goudy, Robert R. Cook, F.D. Shivers, Corbit White, Don R. Crawford, as Members of the Union County Quorum Court, Appellants, Dr. Phyllis Garnett, as Director of the Arkansas Department of Pollution Control and Ecology, Jess Womack, Rubin Darden and John D. Wilson, Members of the Union County Quorum Court, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 22, 1986.

Attorney(s) appearing for the Case

Michael A. Stick, Chicago, Ill., for appellants.

Vincent Foster, Jr. and Carol S. Arnold, Little Rock, Ark., for appellee.

Before JOHN R. GIBSON, Circuit Judge, HENLEY, Senior Circuit Judge, and FAGG, Circuit Judge.

FAGG, Circuit Judge.

The issue on this appeal is whether Union County, Arkansas, may, consistent with existing federal legislation, enforce its Ordinance No. 171 prohibiting the storage, treatment, or disposal of "acute hazardous waste" within its boundaries. ENSCO, Inc., which wishes to incinerate this type of waste at its Union County facility, brought suit challenging the Ordinance on a variety of grounds, and the district court permanently enjoined enforcement...

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