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JILOT v. STATE

No. 95CA1719.

944 P.2d 566 (1996)

LuAnn Ott JILOT, Individually, and Wayne L. Frank, Individually, Plaintiffs-Appellants, v. STATE of Colorado and Colorado Department of Transportation, Defendants-Appellees.

Colorado Court of Appeals, Div. IV.

Rehearing Denied January 23, 1997.

Certiorari Denied October 20, 1997.

Attorney(s) appearing for the Case

The Ott Law Firm, P.C., LuAnn Ott Jilot, Denver, for Plaintiffs-Appellants.

Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Beverly Fulton, Assistant Attorney General, Jack M. Wesoky, Senior Assistant Attorney General, Denver, for Defendants-Appellees.

Opinion by Judge DAVIDSON.

Plaintiffs, LuAnn Ott Jilot and Wayne L. Frank, appeal from the trial court's dismissal of their complaint, for lack of subject matter jurisdiction, against defendants, the State of Colorado and the Colorado Department of Transportation. Plaintiffs contend that state and federal courts have concurrent jurisdiction for citizen suit actions brought under the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. §§ 6901, et seq...

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