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STATE OF OHIO v. U.S. DEPT. OF ENERGY

No. C-1-86-0217.

689 F.Supp. 760 (1988)

STATE OF OHIO, Plaintiff, v. UNITED STATES DEPARTMENT OF ENERGY, et al., Defendants.

United States District Court, S.D. Ohio, W.D.

March 18, 1988.

Attorney(s) appearing for the Case

Jack A. Van Kley and Monica L. Fries, Asst. Attys. Gen., Environmental Enforcement Section, Columbus, Ohio, for plaintiff.

Wm. Hawkins and James R. Adams, Cincinnati, Ohio, for NLO, Inc. and NL Industries, Inc.

Donetta Wiethe, Asst. U.S. Atty., Cincinnati, Ohio, J. Steven Rogers, U.S. Dept. of Justice, Land & Natural Resources Div., Environmental Defense Section, and Gregory Fess, Office of Gen. Counsel, U.S. Dept. of Energy, Washington, D.C., for U.S. Dept. of Energy and John S. Herrington.

ORDER DENYING MOTION TO DISMISS

SPIEGEL, District Judge.

This matter is before the Court for consideration of defendant's motion to dismiss and motion to stay (doc. 20). Plaintiff has responded in opposition to the motions (doc. 32).

On March 11, 1986, plaintiff State of Ohio filed this action for injunctive relief, damages, civil penalties and declaratory relief against the United States Department of Energy, the Secretary of Energy and their contractors...

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