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EASTERN KY. RESOURCES v. FISCAL CT. OF MAGOFFIN

No. 95-6360.

127 F.3d 532 (1997)

EASTERN KENTUCKY RESOURCES, et al., Plaintiffs-Appellants, v. The FISCAL COURT OF MAGOFFIN COUNTY, KENTUCKY, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided October 15, 1997.

Attorney(s) appearing for the Case

Richard A. Getty (argued and briefed), Walker P. Mayo (briefed), Bowles, Rice, McDavid, Graff, Love & Getty, Lexington, KY, Leonard Knee (briefed), Bowles, Rice, McDavid, Graff, Love & Getty, Charleston, WV, for plaintiff-appellant Eastern Kentucky Resources.

Richard A. Getty, Walker P. Mayo, Bowels, Rice, McDavid, Graff, Love & Getty, Lexington, KY, for plaintiffs-appellants Blue Ash Development, Inc. and Royalton Resources, Inc.

William Grover Arnett, Magoffin County Attorney, Salyersville, KY, for The Fiscal Court of Magoffin County, Kentucky.

Gordon B. Long, Salyersville, KY, for defendants-appellees Charles E. Hardin, Terry Hensley, Robert Collinsworth and Kenneth Auxier.

Kathryn M. Hargraves (argued and briefed), Kathryn R. Matheny, Karen H. Rippy (briefed), Natural Resources and Environmental Protection Cabinet, Office of Legal Services, Frankfort, KY, for defendants-appellees Paul E. Patton and James E. Bickford.

James J. Grawe, Office of the Attorney General, Civil Division, Frankfort, KY, for defendant-appellee A.B. Chandler, III.

Before: KEITH, MERRITT, and COLE, Circuit Judges.

KEITH, Circuit Judge.

The Plaintiffs, Eastern Kentucky Resources, Blue Ash Development, Inc., and Royalton Resources, Inc., (collectively "EKR") sought a declaratory judgment and injunctive relief in this action challenging the constitutionality of Kentucky's solid waste disposal program. The Defendants are various state officials of the Commonwealth of Kentucky (collectively "the Commonwealth"). EKR appeals the order of the district court dismissing its claims and...

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