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STEWMAN v. MID-SOUTH WOOD PRODUCTS OF MENA, INC.

Civ. No. 91-2047.

784 F.Supp. 611 (1992)

David STEWMAN, et al., Plaintiffs, v. MID-SOUTH WOOD PRODUCTS OF MENA, INC., et al., Defendants.

United States District Court, W.D. Arkansas, Fort Smith Division.

January 23, 1992.

Attorney(s) appearing for the Case

Robert D. Ridgeway, Jr. and Kenneth Breckenridge, Ridgeway & Breckenridge, Hot Springs, Ark., for plaintiffs.

Philip M. Clay, Wood, Smith, Schnipper & Clay, Hot Springs, Ark., Bill Thompson and Richard Spearman, Thompson & Llewellyn, Fort Smith, Ark., for Mid-South.

P.K. Holmes, Warner & Smith, Fort Smith, Ark., for Edward Hines Lumber Co. and EHLCO.

Bob Jones, III, Jones, Gilbreath, Jackson & Moll, Fort Smith, Ark., for B & F Engineering, Inc.

Mike Shaw, Shaw, Ledbetter, Hornberger, Cogbill & Arnold, Fort Smith, Ark., Joseph G. Manta and Joel Schneider, Manta & Welge, Philadelphia, Pa., for Rollins.

Ben Core, Daily, West, Core, Coffman & Canfield, Fort Smith, Ark., John G. Parker and Craig Pendergrast, Paul, Hastings, Janofsky & Walker, Atlanta, Ga., for Law Engineering, Inc.

Richard Spritzer, U.S. Dept. of Justice, Environmental Defense Section, Washington, D.C., for EPA.

Marsha T. Foster, Mitchell, Williams, Selig, Gates & Woodyard, Little Rock, Ark., for Dale Rogers.

MEMORANDUM OPINION

MORRIS SHEPPARD ARNOLD, District Judge.

In the early 1980s, state and federal environmental authorities began investigating alleged discharges of hazardous wastes from a lumber treatment plant in Polk County, Arkansas. In March, 1988, the Environmental Protection Agency, a federal authority, sued Hines Lumber Company and Mid-South Wood Products,1 seeking to enjoin further discharges and to require those companies...

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