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ARKANSAS PEACE CENTER v. ARKANSAS DEPT. OF POLLUTION CONTROL

Nos. 93-1447, 93-1516, 93-1518.

992 F.2d 145 (1993)

ARKANSAS PEACE CENTER; Environmental Health Association of Arkansas; Jacksonville Mothers' and Children's Defense Fund; Vietnam Veterans of America, Arkansas State Chapter; Mothers Air Watch, Plaintiffs-Appellees, v. ARKANSAS DEPARTMENT OF POLLUTION CONTROL and Ecology, Randall Mathis, Director; United States Environmental Protection Agency, William H. Reilly, Administrator; Defendants, Vertac Site Contractors; Defendant-Appellant, Arkansas Attorney General, Defendant.

United States Court of Appeals, Eighth Circuit.

Decided April 2, 1993.

Rehearing and Rehearing Denied May 7, 1993.

Attorney(s) appearing for the Case

Daniel J. Dunn, Denver, CO (Edward J. McGrath and Colin G. Harris, and Jim L. Julian and Janie W. McFarlin, Little Rock, AR, on the brief), for defendant-appellant Vertac Site.

David C. Shilton, Dept. of Justice, Washington, DC, argued (John A. Bryson, Ronald Spritzer and Alice Mattice, and Lawrence E. Starfield and Dawn M. Messier, on the brief), for defendant-appellant EPA.

Mick G. Harrison, Washington, DC, argued (Richard E. Condit, Washington, DC, and Gregory Ferguson, Little Rock, AR, on the brief), for plaintiffs-appellees Arkansas Peace Center.

Before McMILLIAN, JOHN R. GIBSON and WOLLMAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 7, 1993.

McMILLIAN, Circuit Judge.

Defendants Environmental Protection Agency (EPA), the Arkansas Department of Pollution Control and Ecology (ADPCE) and Vertac Site Contractors (Vertac) move this court to continue a temporary stay pending appeal of a preliminary injunction entered at the request of plaintiffs Arkansas Peace Center, Environmental Health Association of Arkansas...

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