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IN RE SOUTHEAST ARKANSAS LANDFILL, INC.

No. 92-1386.

981 F.2d 372 (1992)

In re SOUTHEAST ARKANSAS LANDFILL, INC., Debtor. SOUTHEAST ARKANSAS LANDFILL, INC., Appellant, v. STATE OF ARKANSAS, DEPARTMENT OF POLLUTION CONTROL AND ECOLOGY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 11, 1992.

Attorney(s) appearing for the Case

Charles S. Gibson, Dermott, AR, argued (Geoffrey B. Treece, on the brief), for appellant.

Steve Weaver, Little Rock, AR, argued, for appellee.

Before RICHARD S. ARNOLD, Chief Judge, FAGG and MAGILL, Circuit Judges.

RICHARD S. ARNOLD, Chief Judge.

The question presented is the validity under the Commerce Clause of two Acts of the Arkansas General Assembly regulating the disposal of solid waste, Act 870 of 1989 and Act 319 of 1991. Southeast Arkansas Landfill, Inc., a debtor in bankruptcy, brought this case as an adversary proceeding against the Arkansas Department of Pollution Control and Ecology (PC & E), the State agency charged...

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