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HI TECH TRANS, LLC v. NEW JERSEY

Nos. 03-2773, 03-2849.

382 F.3d 295 (2004)

HI TECH TRANS, LLC; David Stoller, Appellants v. State of NEW JERSEY, Department of Environmental Protection; Wolfgang Skacel, C.H.M.M.; Bradley M. Campbell.

United States Court of Appeals, Third Circuit.

September 2, 2004.

Attorney(s) appearing for the Case

Andrew L. Indeck, (Argued), Scarinci & Hollenbeck, LLC, Lyndhurst, for Appellants.

Peter C. Harvey, Attorney General of New Jersey, Andrea M. Silkowitz, Assistant Attorney General, James H. Martin, (Argued), Deputy Attorney General, R.J. Hughes Justice Complex, Trenton, for Appellees.

Before McKEE and SMITH, Circuit Judges, and SCHILLER, District Judge.

SMITH, Circuit Judge, concurring in the judgment.

OPINION

McKEE, Circuit Judge.

Hi Tech Trans, LLC, which operates a solid waste disposal facility in Newark, New Jersey, and its Chairman and Chief Executive Officer, David Stoller (hereinafter collectively referred to as "Hi Tech"), sought declaratory relief against an administrative enforcement proceeding the New Jersey Department of Environmental Protection ("NJDEP") brought against Hi Tech. Hi...

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