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KETTLEWELL EXCAVATING v. MICHIGAN DNR

No. 90-1361.

931 F.2d 413 (1991)

BILL KETTLEWELL EXCAVATING, INC., Plaintiff-Appellant, v. MICHIGAN DEPARTMENT OF NATURAL RESOURCES, David Hales, St. Clair County Health Department, John B. Parsons, St. Clair Metropolitan Planning Commission, Gordon Ruttan, St. Clair Solid Waste Planning Committee, Peg Clute, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided May 1, 1991.

Rehearing and Rehearing Denied July 16, 1991.

Attorney(s) appearing for the Case

Robert A. Fineman (argued), Daniel P. Perk, Honigman, Miller, Schwartz & Cohn, Detroit, Mich., David R. Heyboer, Luce, Henderson, Bankson, Heyboer & Lane, Port Huron, Mich., for Bill Kettlewell Excavating, Inc.

Leo H. Friedman, Office of the Atty. Gen. of Mich., James E. Riley (argued), Thomas J. Emery, Raymond O. Howd, Office of the Atty. Gen. Natural Resources Div., Lansing, Mich., for Michigan Dept. of Natural Resources and David Hales.

Lawrence R. Ternan (argued), Margaret B. Kiernan, Beier, Howlett, P.C., Bloomfield Hills, Mich., Robert H. Cleland, County of St. Clair Prosecutor's Office, Port Huron, Mich., for St. Clair County Health Dept., John B. Parsons, St. Clair Metropolitan Planning Com'n, Gordon Ruttan, St. Clair Solid Waste Planning Committee and Peg Clute.

Before NORRIS, Circuit Judge, WELLFORD, Senior Circuit Judge, and FORESTER, District Judge.

Rehearing and Rehearing En Banc Denied July 16, 1991.

WELLFORD, Senior Circuit Judge.

Plaintiff, Bill Kettlewell Excavating, Inc., d/b/a Fort Gratiot Sanitary Landfill (Kettlewell), has owned and operated a landfill in St. Clair County, Michigan since 1971. In 1988 the stock of Kettlewell was purchased by new owners and is allegedly controlled by out-of-state corporations. The new owners assert that since they bought Kettlewell's stock they need not reapply...

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