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CLINTON COUNTY COM'RS v. U.S.E.P.A.

No. 96-7683.

116 F.3d 1018 (1997)

CLINTON COUNTY COMMISSIONERS; Arrest The Incinerator Remediation, Inc. ("A.I.R., Inc."), Appellants, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Carol Browner.

United States Court of Appeals, Third Circuit.

Reargued April 16, 1997.

Decided June 26, 1997.

Attorney(s) appearing for the Case

Mick G. Harrison (argued), GreenLaw, Berea, KY, and J. Michael Wiley, Rieders, Travis, Mussina, Humphrey & Harris, Williamsport, PA, for Appellants.

Lois J. Schiffer, Assistant Attorney General, Michael D. Rowe, David C. Shilton, Evelyn S. Ying (argued), Department of Justice, Environment & Natural Resources Division, Washington, DC, and Frederick E. Martin, Office of the U.S. Attorney, Williamsport, PA, for Appellees.

Before: SLOVITER, Chief Judge, BECKER, STAPLETON, MANSMANN, GREENBERG, SCIRICA, COWEN, NYGAARD, ALITO, ROTH, LEWIS and McKEE, Circuit Judges.

Reargued En Banc April 16, 1997.

Argued Feb. 7, 1997

Before: STAPLETON and MANSMANN, Circuit Judges, and RESTANI,* Judge, Court of International Trade.

Reargued En Banc April 16, 1997

Before: SLOVITER, Chief Judge, BECKER, STAPLETON, MANSMANN, GREENBERG, SCIRICA, COWEN, NYGAARD, ALITO, ROTH, LEWIS and McKEE, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

Plaintiffs Clinton...

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