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BALLENGER v. SOUTH CAROLINA DHEC

No. 2767.

331 S.C. 247 (1998)

500 S.E.2d 183

Bobby BALLENGER, Levonia Ballenger, Drucilla Collins, Ruby Drummond, Arthur Irby, Vivian Jones, Doris Norris, Kay F. Norris, and J.W. Robinson, and Citizens Local Environmental Action Network, Inc. (CLEAN), Appellants, v. SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL and Waste Management of South Carolina, Inc., Respondents.

Court of Appeals of South Carolina.

Decided May 6, 1998.

Rehearing Denied June 18, 1998.

Attorney(s) appearing for the Case

Gary W. Poliakoff, of Poliakoff, Poole & Associates, Spartanburg, for appellants.

Nancy S. Layman, of South Carolina Department of Health and Environmental Control, for respondent South Carolina Department of Health and Environmental Control.

Sara S. Rogers and Margaret M. Fox, both of McNair Law Firm, Columbia; and James W. Potter, of Nexsen, Pruet, Jacobs & Pollard, Columbia, for respondent Waste Management of South Carolina, Inc.

ORDER GRANTING PETITION FOR REHEARING AND SUBSTITUTING OPINION

PER CURIAM:

The court grants the respondents' Petition for Rehearing in this case. It is hereby ordered that Opinion No. 2767 be withdrawn and the following opinion be substituted.

HEARN, Judge:

Nine individual plaintiffs and Citizens Local Environmental Action Network, Inc. (CLEAN) brought this action contesting the South Carolina Department of Health and Environmental Control...

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