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ADKINS v. VIM RECYCLING, INC.

No. 10-2237.

644 F.3d 483 (2011)

Jerry ADKINS, et al., Plaintiffs-Appellants, v. VIM RECYCLING, INC., K.C. Industries, LLC, and Kenneth R. Will, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided May 3, 2011.

Attorney(s) appearing for the Case

Richard H. Frankel , Appellate Litigation Clinic, Philadelphia, PA, Kelly Jay Payn (argued), Michael Sanford , for Plaintiffs-Appellants.

Amy E. Romig (argued), Plews, Shadley, Racher & Braun LLP, Indianapolis, IN, for Defendants-Appellees.

Before RIPPLE and HAMILTON, Circuit Judges, and MURPHY, District Judge.

HAMILTON, Circuit Judge.

This appeal presents questions regarding the citizen-suit provisions in the federal Resource Conservation and Recovery Act (RCRA), 42 U.S.C. § 6901 et seq., including when a narrower government enforcement lawsuit may preclude a broader citizen suit, and how the citizen-suit provisions interact with the federalism doctrines of Colorado River and Burford abstention. The district...

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