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SCA SERVICES OF INDIANA, INC. v. THOMAS

Civ. No. F 86-72.

634 F.Supp. 1355 (1986)

SCA SERVICES OF INDIANA, INC., Plaintiff, v. Lee M. THOMAS, as Administrator of the United States Environmental Protection Agency, and the United States Environmental Protection Agency, Defendants.

United States District Court, N.D. Indiana, Fort Wayne Division.

May 9, 1986.

Attorney(s) appearing for the Case

Joseph V. Karaganis, Chicago, Ill., James P. Fenton, Fort Wayne, Ind., for plaintiff.

Robert Schaefer, Regional Counsel, US-EPA Region # 5, Chicago, Ill., Beth S. Ginsberg, U.S. Dept. of Justice, Land & Natural Resources Div., Environmental Defense Section, Washington, D.C., David H. Miller, Asst. U.S. Atty., Fort Wayne, Ind., for defendants.

ORDER

WILLIAM C. LEE, District Judge.

This matter is before the court on a motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) filed by the defendants (collectively, "the EPA"), and motions for a temporary restraining order, preliminary injunction and summary judgment filed by the plaintiff ("SCA"). A hearing was held on all motions on April 10, 1986. For the following reasons, the motions for temporary restraining order...

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