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DEPT. OF ENV. MGT. v. CHEMICAL WASTE MGT.

No. 49A02-9205-CV-209.

604 N.E.2d 1199 (1992)

THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT AND KATHY PROSSER IN HER OFFICIAL CAPACITY AS COMMISSIONER OF THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, Appellants-Defendants, v. CHEMICAL WASTE MANAGEMENT OF INDIANA, Inc., Appellee-Plaintiff.

Court of Appeals of Indiana, Second District.

Transfer Denied February 9, 1993.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Lisa McCoy, Leslie H. Williams, Deputy Attys. Gen., Indianapolis, for appellant-defendant.

John D. Gay, Gay and McCombs, Versailles, amicus curiae Hoosier Environmental Council.

George M. Plews, Sue A. Shadley, Timothy J. Paris, Jeffrey D. Claflin, Plews & Shadley, Indianapolis, for appellee-plaintiff.

Edward O. Roberts, Jacqueline A. Simmons, Ice Miller Donadio & Ryan, Indianapolis, amicus curiae Indiana Chamber of Commerce, Indiana Manufacturers Ass'n.

BUCHANAN, Judge.

CASE SUMMARY

Defendants-appellants Indiana Department of Environmental Management (Department) and Kathy Prosser, the Department's Commissioner, appeal from the trial court's entry of partial summary judgment in favor of plaintiff-appellee Chemical Waste Management of Indiana, Inc. (Chemical), claiming that Chemical should have exhausted its administrative remedies and that the trial court's judgment was contrary to law.

We affirm...

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