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HIGHLAND INDUS. PARK, INC. v. BEI DEFENSE SYSTEMS

No. 02-4024, 03-1276.

357 F.3d 794 (2004)

HIGHLAND INDUSTRIAL PARK, INC., an Arkansas Corporation, Appellee, v. BEI DEFENSE SYSTEMS COMPANY, a Delaware Corporation, Appellant. Arkansas Department of Environmental Quality, Amicus on Behalf of Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 4, 2004.

As Revised March 12, 2004.

Rehearing and Rehearing Denied March 12, 2004.

Attorney(s) appearing for the Case

G. Alan Perkins, argued, Little Rock, AR (Julie D. Greathouse, Little Rock, AR, D.P. Marshall, Jr., Leigh M. Chiles, Jonesboro, AR, on the brief), for appellant.

Richard H. Mays, argued, Little Rock, AR, for appellee.

Before MORRIS SHEPPARD ARNOLD, BEAM, and BYE, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 12, 2004.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

BEI Defense Systems Company appeals from judgments entered against it after a bench trial on Highland Industrial Park's claims for trespass, negligence, violations of the Arkansas Hazardous Waste Management Act (AHWMA), and breach of lease covenants. The district court awarded Highland $500,000 in damages and $185,000 in attorney's fees. We reverse and remand for...

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