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ELI LILLY AND CO. v. E.P.A.

No. IP 83-1862-C.

615 F.Supp. 811 (1985)

ELI LILLY AND COMPANY, Plaintiff, v. ENVIRONMENTAL PROTECTION AGENCY, Lee M. Thomas, Administrator, Environmental Protection Agency, Aceto Chemical Company, Inc., Defendants.

United States District Court, S.D. Indiana, Indianapolis Division.

July 26, 1985.

Attorney(s) appearing for the Case

J.B. King, Indianapolis, Ind., for plaintiff.

Robert McLaughlin, Office of Gen. Counsel, U.S. E.P.A., Lawrence R. Liebesman, U.S. Dept. of Justice, Washington, D.C., for defendants EPA and Thomas.

Gary K. Harris, Washington, D.C., George A. Rubin, Indianapolis, Ind., for Aceto.

ENTRY

DILLIN, District Judge.

This cause is before the Court upon the motions of the Environmental Protection Agency (EPA) and the Aceto Chemical Company, Inc. (Aceto) to dismiss for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted. For the following reasons, those motions are granted in part and denied in part.

Memorandum of Law

Eli Lilly and Company (Lilly) filed this lawsuit...

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