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ARKANSAS PEACE CENTER v. AK. DEPT. OF POLLUTION CONTROL AND ECOLOGY

Nos. 93-1720, 93-1765 and 93-1769.

999 F.2d 1212 (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; Defendant, United States Environmental Protection Agency, Carol Browner, Administrator; Defendant-Appellant, Vertac Site Contractors; Arkansas Attorney General, Defendant. 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, Carol Browner, Administrator; Defendant, Vertac Site Contractors; Defendant-Appellant, Arkansas Attorney General, Defendant. 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; Defendant-Appellant, United States Environmental Protection Agency, Carol Browner, Administrator; Vertac Site Contractors; Arkansas Attorney General, Defendants.

United States Court of Appeals, Eighth Circuit.

Decided July 14, 1993.

Rehearing and Suggestion for Rehearing Denied August 30, 1993.

Attorney(s) appearing for the Case

David C. Shilton, Dept. of Justice, Washington, DC, argued for the EPA.

Daniel Dunn, Denver, CO, argued, for Vertac; Myles E. Flint, John A. Bryson, Ronald Spritzer and Alice Mattice, Washington, DC, on the brief.

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

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

Rehearing and Suggestion for Rehearing En Banc Denied August 30, 1993.

JOHN R. GIBSON, Circuit Judge.

The Environmental Protection Agency, The Arkansas Department of Pollution Control and Ecology, and Vertac Site Contractors appeal from a preliminary injunction entered on March 17, 1993, prohibiting Vertac Site Contractors from incinerating any drummed wastes. We reverse the grant of a preliminary injunction, and remand with directions to dismiss the case...

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