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NORTH HAVEN PLANNING & ZONING COM'N v. UPJOHN CO.

No. 598, Docket 90-7638.

921 F.2d 27 (1990)

NORTH HAVEN PLANNING AND ZONING COMMISSION, and Scott Schatzlein, Plaintiffs-Appellees, v. UPJOHN COMPANY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 14, 1990.

Attorney(s) appearing for the Case

Brian J. Casey (S. Robert Jelley, William J. Doyle, Wiggin & Dana, New Haven, Conn., on the brief), for defendant-appellant.

Robert K. Ciulla (Charles R. Andres, Tyler Cooper & Alcorn, New Haven, Conn., on the brief), for plaintiffs-appellees.

Before KEARSE, PIERCE, and MINER, Circuit Judges.

PER CURIAM:

Defendant Upjohn Company ("Upjohn") appeals from a final judgment of the United States District Court for the District of Connecticut, T.F. Gilroy Daly, Judge, enjoining Upjohn from implementing its present plan for "capping" a 4.25-acre, 40-foot-high pile of chemical waste on its property in the Town of North Haven, Connecticut ("Town"), until such time as Upjohn has obtained the necessary permits from plaintiff North Haven Planning & Zoning...

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