STATE OF WASH. v. TIME OIL CO.

Nos. C85-478TB, C86-990TB.

687 F.Supp. 529 (1988)

STATE OF WASHINGTON, Plaintiff, v. TIME OIL COMPANY and Burlington Northern Railroad Company, Defendants, City of Tacoma, Intervenor. UNITED STATES of America, Plaintiff, v. TIME OIL COMPANY, Defendant.

United States District Court, W.D. Washington.

February 19, 1988.


Attorney(s) appearing for the Case

Kathleen D. Mix, Asst. Atty. Gen., State of Wash., Olympia, Wash., for State of Wash.

Jackson Fox, Asst. U.S. Atty., Seattle, Wash., Sharon Gwatkin, E.P.A., Office of Regional Counsel, EPA Region X, Seattle, Wash., for U.S.

William H. Bode, Spriggs, Bode & Hollingsworth, Washington, D.C., Ray Graves, McGavick, Graves, Beale & McNerthney, Tacoma, Wash., for Time Oil Co.

Charles Brown, Seattle, Wash., for Burlington Northern.

Warren Peterson, Gordon, Thomas, Honeywell, Malanca, Peterson & Daheim, Tacoma, Wash., for B & W Inv. Co.

G.S. Karavitis, Dept. of Public Utilities, Tacoma, Wash., for City of Tacoma.


ORDER GRANTING GOVERNMENTS' CROSS-MOTION FOR SUMMARY JUDGMENT ON THE "INNOCENT LANDOWNER DEFENSE"

BRYAN, District Judge.

THIS MATTER comes before the court on a cross-motion of the United States and the State of Washington for an order granting summary judgment on the issue of whether Defendant Time Oil may assert the "innocent landowner defense" as described in 42 U.S.C. § 9607(b). The issue of whether...

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