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BOLIDEN METECH, INC. v. U.S.

C.A. No. 88-0081 L.

695 F.Supp. 77 (1988)

BOLIDEN METECH, INC., Plaintiff, v. UNITED STATES of America, U.S. Environmental Protection Agency, Lee Thomas, Administrator, and Michael Deland, Administrator for Region I, Defendants.

United States District Court, D. Rhode Island.

September 20, 1988.

Attorney(s) appearing for the Case

John G. Coffey, Jr., Charles J. McGovern, James H. Falk, Bradford A. Penney, Providence, R.I., for plaintiff.

Lincoln Almond, U.S. Atty., and Everett Sammartino, Asst. U.S. Atty., Providence, R.I., Ruth McQuade, Atty., U.S. Dept. of Justice, Land & Natural Resources Div., Environmental Enforcement Section, Thomas R. Lotterman, Atty., Environmental Defense Section, Washington, D.C., George R. Ciampa, Asst. Regional Counsel, E.P.A., Boston, Mass., for defendants.

OPINION AND ORDER

LAGUEUX, District Judge.

This matter is before the Court on defendants' motion to dismiss for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted, and on the cross motions for summary judgment on Count I filed by both sides.

An administrative search pursuant to an ex parte warrant, conducted by the Environmental Protection Agency ("EPA"), of plaintiff's premises, under the...

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