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COALITION FOR HEALTH CONCERN v. LWD, INC.

Nos. 93-6575, 93-6576.

60 F.3d 1188 (1995)

COALITION FOR HEALTH CONCERN, a Nonprofit Corporation; Natural Resources Defense Council, Inc., a Not For Profit Corporation; Sierra Club, a Non-profit Corporation; and Ernest Ramey Whitehead, Plaintiffs-Appellees, v. LWD, INC., a Kentucky Corporation (93-6575); and Phillip J. Shepherd, in his official capacity as Secretary of the Kentucky Cabinet for Natural Resources and Environmental Protection (93-6576), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided July 27, 1995.

Attorney(s) appearing for the Case

Todd E. Leatherman, Reeves & Graddy, Lexington, KY (briefed), Mick G. Harrison, Richard E. Condit, Government Accountability Project, Washington, DC, for Coalition for Health Concern.

Nancy Marks, Katherine Kennedy (argued), Natural Resources Defense Council, Inc., New York City, for Natural Resources Defense Council, Inc.

Todd E. Leatherman, Reeves & Graddy, Lexington, KY, for Sierra Club, Ernest Ramey Whitehead.

Virginia H. Snell (briefed), M. Stephen Pitt, Wyatt, Tarrant & Combs, Louisville, KY, Barry E. Friedman (argued), Wyatt, Tarrant, Combs, Gilbert & Milom, Nashville, TN, for LWD, Inc.

Before: KEITH and NELSON, Circuit Judges; HORTON, District Judge.

HORTON, District Judge.

This case is before the Court on interlocutory appeal from the United States District Court for the Western District of Kentucky pursuant to 28 U.S.C. § 1292(b) (1988). The controversy involves a dispute over the licensing and operation of a hazardous waste incineration facility in Calvert City, Kentucky owned by a company known as LWD, Inc. Plaintiffs-appellees failed to persuade the Kentucky agency charged with regulating hazardous waste...

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