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HALLSTROM v. TILLAMOOK COUNTY

Nos. 86-4016, 86-4100 and 86-4257.

831 F.2d 889 (1987)

Olaf A. HALLSTROM and Mary E. Hallstrom, husband and wife, Plaintiff-Appellants, and Cross-Appellees, v. TILLAMOOK COUNTY, a municipal corporation, Defendant-Appellee, and Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 3, 1987.

Attorney(s) appearing for the Case

Kim T. Buckley and John W. Stephens, Portland, Or., for plaintiffs-appellants and cross-appellees.

I. Franklin Hunsaker, James G. Driscoll and Thomas D. Adams, Portland, Or., for defendant-appellee and cross-appellant.

Before WRIGHT, WALLACE and PREGERSON, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

This case requires us to determine whether failure to comply with the 60 day notice requirement of the Resource Conservation and Recovery Act of 1976 (RCRA) deprived the district court of subject matter jurisdiction to hear this case. Of the seven circuits that have considered this issue, three have found that notice is a jurisdictional prerequisite and four have held that notice is merely...

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