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EX PARTE GINGO

1910360.

605 So.2d 1237 (1992)

Ex parte McRay GINGO, et al. (Re State of Alabama v. McRay Gingo, a/k/a McRay Jingo; Atlas Industrial Painters, Inc.; and Robert Dale White).

Supreme Court of Alabama.

Rehearing Denied July 10, 1992.

Attorney(s) appearing for the Case

Frank C. Ellis, Jr. and J. Frank Head of Wallace, Ellis, Fowler & Head, Columbiana, for petitioners.

James H. Evans, Atty. Gen., and Robert D. Tambling and William D. Little, Asst. Attys. Gen., for respondent.

KENNEDY, Justice.

We granted certiorari review in this case to determine whether the State erred in destroying or allowing the destruction of samples of allegedly hazardous waste.

On November 26, 1986, four officials of the Alabama Department of Environmental Management ("ADEM") obtained three or four pints of waste from fifty 55-gallon drums in Walker County. In December of 1986, the samples were tested and found to be hazardous waste because of the characteristic...

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