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BULK DISTRIBUTION CENTERS, INC. v. MONSANTO CO.

No. 83-6805-CIV-JAG.

589 F.Supp. 1437 (1984)

BULK DISTRIBUTION CENTERS, INC., Plaintiff, v. MONSANTO COMPANY, United States Steel Corporation, Exxon Chemical Americas, State of Florida Department of Environmental Regulation; and Broward County Environmental Quality Control Board, Defendants.

United States District Court, S.D. Florida, N.D.

June 19, 1984.

Attorney(s) appearing for the Case

Richard Pettigrew, Morgan, Lewis & Bockius, Miami, Fla., for plaintiff.

Barry Malter, Mitchell H. Stabbe, Holland & Knight, Washington, D.C., for Monsanto.

Hendrick G. Milne, Squire, Sanders & Dempsey, Miami, Fla., for U.S. Steel.

Alvin B. Davis, Steel, Hector & Davis, Miami, Fla., Theodore L. Garrett, Washington, D.C., for Exxon.

Paul J. Ezatoff, State of Florida Dept. of Environmental Regulation, Tallahassee, Fla., for Dept. of Environmental Regulation.

James E. McDonald, McDermott, Will & Emery, Miami, Fla., for Broward Co. Env. Quality Ctl. Bd.

ORDER

GONZALEZ, District Judge.

I.

IN THIS ACTION the operator of a chemical transloading facility seeks a declaratory judgment as to the liability of three private chemical manufacturers for an alleged hazardous release at the operator's premises. The Declaratory Judgment Act, 28 U.S.C.A. §§ 2201; 2202 (1982), does not serve as an independent source of subject-matter jurisdiction, see Skelly Oil Co. v. Phillips Petroleum Co.,...

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