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CITY OF ALMA v. BELL, GALYARDT & WELLS, INC.

No. CV 83-0-568.

606 F.Supp. 686 (1985)

CITY OF ALMA, Plaintiff, v. BELL, GALYARDT & WELLS, INC., a/k/a Bell, Galyardt & Associates, Inc., et al., Defendants. BELL, GALYARDT & ASSOCIATES, Defendant and Third-Party Plaintiff, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, et al., Third-Party Defendants.

United States District Court, D. Nebraska.

April 24, 1985.

Attorney(s) appearing for the Case

McKelvie & McNally, Thomas P. McNally, Alma, Neb., and Tye, Worlock, Tye, Taylor & Hopkins, Joan Munn Hopkins, Kearney, Neb., and Stehlik, Smith, Trustin, Schweer & Ruder, Frederick D. Stehlik, Omaha, Neb., for plaintiff.

Thomas J. Guilfoyle, Thomas J. Guilfoyle, P.C., Omaha, Neb., for Bell, Galyardt & Wells, Inc.

Paul L. Douglas, Atty. Gen., John Boehm, Asst., Lincoln, Neb., for Nebraska Dept. of Environmental Control.

Jeffrey W. Meyers, Frost & Meyers, Omaha, Neb., for Nebraska Testing Laboratories, Inc.

Douglas R. Semisch, Asst. U.S. Atty., and Joan M. Bernott, Spec. Litigation Counsel, Environmental Defense Section, Land and Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., for third-party defendants.

ORDER

BEAM, District Judge.

This matter is before the Court upon the second motion of the third-party defendant, the United States to dismiss (filing 58) for failure to state a claim; the motion for summary judgment (filing 50) of the defendant and third-party plaintiff Bell, Galyardt & Wells, Inc.; and the motion for summary judgment (filing 51) of defendant Nebraska Testing Laboratories, Inc. This Court, after a review of the files and briefs submitted...

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