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DEPT. OF ENVIRONMENTAL MANAGEMENT v. MDSI

No. 56A05-9805-CV-243.

700 N.E.2d 500 (1998)

INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, et al., Appellants-Defendants, v. MEDICAL DISPOSAL SERVICES, INC., Appellee-Plaintiff.

Court of Appeals of Indiana.

Rehearing Denied December 29, 1998.

Attorney(s) appearing for the Case

Jeffrey A. Modisett, Attorney General, Jon B. Laramore, Deputy Attorney General, Indianapolis, for Appellants-Defendants.

Kenneth D. Reed, Abrahamson, Reed & Adley, Hammond, for Appellee-Plaintiff.

OPINION

BAILEY, Judge.

Case Summary

Appellant-Defendant Indiana Department of Environmental Management, et al. ("IDEM") appeals the summary judgment entered in favor of Appellee-Plaintiff Medical Disposal Services, Inc. ("MDSI") which prevents IDEM from imposing the penalties authorized by law for the violation of the statutory/regulatory scheme which prohibits the operation of a solid waste transfer...

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