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INDUSTRIAL PARK DEVELOPMENT CO. v. E.P.A.

Civ. A. No. 85-0875.

604 F.Supp. 1136 (1985)

INDUSTRIAL PARK DEVELOPMENT COMPANY v. The ENVIRONMENTAL PROTECTION AGENCY, an agency of the United States of America; and Lee M. Thomas, in his capacity as the Administrator of the Environmental Protection Agency; and Stanley L. Laskowski, in his capacity as the Acting Regional Administrator for the Environmental Protection Agency Region III.

United States District Court, E.D. Pennsylvania.

March 21, 1985.

Attorney(s) appearing for the Case

Denis V. Brenan, Frank M. Thomas, Jr., William F. Mongan, Philadelphia, Pa., for plaintiff.

Michael L. Martinez, Asst. U.S. Atty., Philadelphia, Pa., for defendants.

MEMORANDUM AND ORDER

SHAPIRO, District Judge.

Plaintiff Industrial Park Development Company ("IPDC") sought injunctive relief to prevent Environmental Protection Agency ("EPA") access to IPDC's property to remove hazardous waste materials under the presumed authority of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq.

Following a hearing on February 21 and 22, 1985, for reasons...

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