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ALLSTEEL, INC. v. U.S. E.P.A.

No. 94-3179.

25 F.3d 312 (1994)

ALLSTEEL, INC., Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY and John H. Hankinson, Jr., Respondents.

United States Court of Appeals, Sixth Circuit.

Decided May 26, 1994.

Rehearing and Suggestion for Rehearing Denied August 23, 1994.

Attorney(s) appearing for the Case

Percy L. Angelo (argued), Lyman C. Welch and Kathleen M. Hennessey, Mayer, Brown & Platt, Chicago, IL, for petitioner.

John H. Hankinson, Jr., U.S. Environmental Protection Agency, Region IV, Atlanta, GA, and James W. Rubin (argued), Dept. of Justice, Environmental and Natural Resources Div., Environmental Defense Section, Washington, DC, for respondents.

Before: NELSON and SILER, Circuit Judges; and WELLFORD, Senior Circuit Judge.

Rehearing and Suggestion for Rehearing En Banc Denied August 23, 1994.

The petitioner, Allsteel, Inc., seeks pre-enforcement judicial review of an order in which the United States Environmental Protection Agency directed Allsteel "to cease any and all construction activities of any kind at [its Milan, Tennessee] facility." Although the Division of Air Pollution Control of the Tennessee Department of Environment and Conservation had issued a permit for construction...

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