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SWIN RESOURCE SYSTEMS v. LYCOMING COUNTY, PA.

Civ. No. 87-1565.

678 F.Supp. 1116 (1988)

SWIN RESOURCE SYSTEMS, INC., Plaintiff, v. LYCOMING COUNTY, PENNSYLVANIA, acting Through the LYCOMING COUNTY SOLID WASTE DEPARTMENT: Wilt, Dolly M.; and Smith, Gene; and Morningstar, Lora P.; all in their respective official capacities as Commissioners of Lycoming County, PA and in each of their individual capacities; and Alexander, Wayne I., in his official capacity as General Manager of Solid Waste Facilities of the Lycoming Cty. Solid Waste Dept., Defendants.

United States District Court, M.D. Pennsylvania.

February 10, 1988.

Attorney(s) appearing for the Case

John P. Krill, Jr., Carleton O. Strouss, Kirkpatrick & Lockhart, Harrisburg, Pa., Richard A. Gahr, Kieser & Gahr, Williamsport, Pa., for plaintiff.

J. David Smith, McCormick, Reeder, Nichols, Sarno, Bahl, & Knecht, Williamsport, Pa., for defendants.

MEMORANDUM AND ORDER

CONABOY, District Judge.

The Defendants herein are the County of Lycoming, the present Commissioners of the County, and the manager of the Lycoming County Solid Waste Department. The County is a political subdivision of the Commonwealth of Pennsylvania and operates a landfill in Lycoming County, through the Lycoming County Solid Waste Department. The landfill is situated on lands owned by...

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