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WASTE, INC. REMEDIAL DESIGN/REMEDIAL ACT. v. COHN

No. 3:97 CV 575 AS.

60 F.Supp.2d 833 (1997)

The WASTE, INC. REMEDIAL DESIGN/REMEDIAL ACTION GROUP, an unincorporated association, Plaintiff, v. Edward L. COHN, Commissioner of the State of Indiana Department of Corrections, Defendant.

United States District Court, N.D. Indiana, South Bend Division.

December 18, 1997.

Attorney(s) appearing for the Case

Daniel C Murray, Johnson and Bell Ltd, Highland, IN, John R Jacus, Davis Graham and Stubbs, Denver, CO, Maureen Grimmer, Eichhorn & Eichhorn, Hammond, IN, for The Waste Inc, Remedial Design/ Remedial Action Group, an unincorporated association, plaintiff.

Timothy J Junk, Indiana Attorney General, Indianapolis, IN, for Edward L Cohn, Commissioner of the State of Indiana Department of Corrections, defendant.

MEMORANDUM AND ORDER

ALLEN SHARP, District Judge.

I. Procedural History

Plaintiff Waste, Inc. Remedial Design/Remedial Action Group ("Waste, Inc."), an unincorporated association, filed this action against Edward Cohn, Commissioner of the Indiana Department of Corrections ("Cohn") on August 27, 1997, seeking to enjoin Cohn "from further violation of a unilateral order of the United States Environmental...

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