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CITY OF HURRICANE, W.V. v. DISPOSAL SERVICE INC.

Civil Action No. 3:14-15850.

36 F.Supp.3d 692 (2014)

CITY OF HURRICANE, WEST VIRGINIA and The County Commission of Putnam County, West Virginia, Plaintiffs, v. DISPOSAL SERVICE INCORPORATED, a West Virginia Corporation and Waste Management of West Virginia, Incorporated, a Delaware Corporation, Defendants.

United States District Court, S.D. West Virginia, Huntington Division.

Signed August 6, 2014.

Attorney(s) appearing for the Case

Michael O. Callaghan , Neely & Callaghan, Charleston, WV, Thomas A. Smith , Senak Keegan Gleason Smith & Michaud, Chicago, IL, for Plaintiffs.

Stephen F. Gandee , Robinson & McElwee, Clarksburg, WV, for Defendants.

MEMORANDUM OPINION AND ORDER

Pending is Defendants' Motion to Dismiss [for Improper Notice under the Resource Conservation and Recovery Act], ECF No. 6. For the reasons explained below, the Court DENIES this Motion.

I. Background

After providing notice on April 25, 2014, to...

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