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BARKER v. RIPLEY

No. 2:96-cv-106.

921 F.Supp. 1213 (1996)

Frank L. BARKER, Jr., Barker-Sargent Corporation, Robert MacNeil, and Upper Valley Regional Landfill Corporation, Plaintiffs, v. Barbara RIPLEY, Secretary, Vermont Agency of Natural Resources and Vermont Agency of Natural Resources, Defendants.

United States District Court, D. Vermont.

April 9, 1996.

Attorney(s) appearing for the Case

Robert E. Manchester, Manchester Law Offices, P.C., Burlington, VT, for plaintiffs.

John W. Kessler, Assistant Atty. Gen., Vermont Attorney General's Office, Montpelier, VT, Barbara Ripley, Vermont Agency of Natural Resources, Office of Assistant Attorney General, Waterbury, VT, for defendants.

OPINION AND ORDER

SESSIONS, District Judge.

This is a declaratory judgment action, in which the Plaintiffs have requested a preliminary injunction prohibiting the Vermont Agency of Natural Resources ("VANR") from proceeding with its administrative enforcement action against them for failure to perform closure and post-closure operations at their landfill. The Defendants have moved to dismiss the complaint on the grounds that this Court is required to abstain...

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