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UNITED STATES FID. & GUAR. CO. v. UNITED STATES

Civ. No. 84-1255.

638 F.Supp. 1068 (1986)

UNITED STATES FIDELITY AND GUARANTY COMPANY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, M.D. Pennsylvania.

As Amended July 3, 1986.

Attorney(s) appearing for the Case

Jonathan E. Butterfield, Liebert, Short, Fitzpatrick & Lavin, Williamsport, Pa., for plaintiff.

Barbara A. Kosik, Asst. U.S. Atty., Scranton, Pa., Ray E. Spears, Office of General Counsel, U.S. E.P.A., Washington, D.C., and Phyllis Jackson Pyles, Sr. Trial Atty., Torts Branch, Civ. Div., U.S. Dept. of Justice, Washington, D.C., for defendant.

OPINION

MUIR, District Judge.

I. Introduction.

On September 20, 1984, the United States Fidelity & Guaranty Company (hereafter "U.S.F. & G.") filed the complaint in this action against the United States of America seeking recovery pursuant to the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq. Recovery was sought for losses which occurred as a result of a release of an acid cloud on March 23, 1982 during the clean-up of a tank containing...

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