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PARKER v. SCRAP METAL PROCESSORS, INC.

No. 03-14516.

386 F.3d 993 (2004)

Quebell P. PARKER, Sandra Skypek, Charles Parker, individually, as attorneys in fact for Quebell Parker, and in the name of Quebell Parker, Plaintiffs-Appellees, v. SCRAP METAL PROCESSORS, INC., a Georgia corporation, L.B. Recycling, Inc., a Georgia corporation, J. Wayne Maddox, individually and as the successor in interest to L.B. Recycling, Inc., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

September 28, 2004.

Attorney(s) appearing for the Case

Barbara H. Gallo, Daniel Herbert Sherman, IV, Epstein, Becker & Green, P.C., Kerry F. Nelson, McKenna, Long & Aldridge, LLP, Atlanta, GA, for Defendants-Appellants.

Martin Arthur Shelton, Donald D. Stack, Stack & Associates, P.C., Atlanta, GA, for Plaintiffs-Appellees.

Mary Maclean Asbill, The Turner Environmental Law Clinic, Emory University Law School, Atlanta, GA, for Sierra Club, Amicus Curiae.

Before BARKETT and KRAVITCH, Circuit Judges, and FORRESTER, District Judge.

KRAVITCH, Circuit Judge:

The plaintiffs, Quebell Parker ("Mrs. Parker"), Sandra Skypek, and Charles Parker, (collectively "the Parkers"), filed suit against the defendants, Scrap Metal Processors, Inc. ("SMP") and its predecessors in interest, alleging negligence, negligence per se, nuisance, trespass, violations of the Clean Water Act ("CWA") and the Resource Conservation and Recovery Act ("RCRA"), and violations of various...

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